This matter is before the Court on the defendants’ Motion to Dismiss the Indictment on Double Jeopardy and Collateral Estoppel Grounds. (Doc. 57.) Defendants John J. Rigas and Timothy J. Rigas (collectively “the Rigases”), argue that the conspiracy with which they are charged in this action is the same offense as the conspiracy charge prosecuted in a prior action in the United States District Court for the Southern District of New York, and therefore, the current prosecution is barred by the Fifth Amendment’s protection against double jeopardy. The defendants also argue that, in the prior New York action, they were acquitted of the conduct which underlies the tax evasion counts charged in this action, and therefore, that these charges are barred by the principle of collateral estoppel. For the reasons set forth below, the defendants’ motion will be denied.
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Judge John E. Jones III
This matter is before the Court on the motions to dismiss of the State Employees’ Retirement System (“SERS”), the State Employees’ Retirement Board (“SERB”) and related individual defendants (collectively “the SERS defendants”) (Doc. 10) and the Administrative Office of Pennsylvania Courts (“AOPC”) and David Frankforter (collectively “the AOPC defendants”) (Doc. 11). For the reasons set forth below, the motion of the SERS defendants will be granted in part and denied in part. The motion of the AOPC defendants will be granted, and the claims against these defendants dismissed in their entirety.
This matter is before the Court on the petition of Lorenzo Johnson for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Johnson seeks relief from the life sentence imposed by the Court of Common Pleas of Dauphin County, Pennsylvania for his convictions of first degree murder and criminal conspiracy. For the reasons set forth below, the Court will deny the petition.
Pending before this Court is an Appeal of United States Magistrate Judge Blewitt’s (“Magistrate Judge Blewitt” or “Magistrate Judge”) August 28, 2007 Order (“the Appeal”) (doc. 354), filed by Thomas Jay Ellis, Esq. (“Mr. Ellis”), and Montgomery County Commissioner James R. Matthews (“Mr. Matthews”) on September 12, 2007.1 (Rec. Doc. 356). For the reasons that follow, the Appeal shall be granted. We will reverse the learned Magistrate Judge’s Order (doc. 354) denying of the Motion to Disqualify Plaintiff’s Counsel from Conducting the Depositions of Mr. Ellis and Mr. Matthews (doc. 336), and we will grant the Motion.
Before the Court are cross-motions for summary judgment filed by Plaintiff Farmers New Century Insurance Company (“Farmers”) and Defendant J.V. Defendants John Angerson and C.L.A. also filed a motion for summary judgment, joining J.V.’s motion. For the reasons set forth below, the Court will deny Farmers’ motion (Doc. 30) and grant the Defendants’ motions. (Docs. 23, 32.)
Chief Judge Christopher C. Conner
Presently before the court is the motion to intervene pursuant to Federal Rule of Civil Procedure 24(a)(2) (Doc. 84), filed by Fidelity and Deposit Company of Maryland (“F&D”). Both plaintiff Westra Construction, Inc. (“Westra”) and defendant United States Fidelity & Guaranty Company (“USF&G”) oppose the motion for intervention. (See Docs. 88, 89.) On April 16, 2008, the court held oral argument on the motion, which has been fully briefed and is ripe for disposition.
This is an employment discrimination action in which plaintiffs Lisa Terrell (“Terrell”) and Naidea Garwood (“Garwood”), both of whom are African American, contend that defendants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17; 42 U.S.C. § 1983; and the Pennsylvania Human Relations Act (“PHRA”), 43 PA. STAT. ANN. §§ 951-964. Plaintiffs were formerly employed in the 911 emergency call center of defendant City of Harrisburg Police Department (hereinafter “the police department” or “department”), and they allege that the department discriminatorily discharged them for their handling of two emergency calls. Defendants have filed a motion for summary judgment on the basis that plaintiffs have proffered insufficient evidence to support their claims. For the reasons that follow, the motion will be granted.
Presently before the court is the motion (Doc. 12) of defendant National RV (“National”)1 for summary judgment on the claims of plaintiff Daniel Woolums (“Woolums”) for alleged violations of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act, 15 U.S.C. §§ 2301–2312; the warranty provisions of Pennsylvania Uniform Commercial Code, 13 PA. CONS. STAT. §§ 2313-2316; and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 PA. STAT. ANN. §§ 201-1 to 201-9.3. For the reasons that follow, the motion will be granted in part and denied in part.
This is a civil rights suit brought under 42 U.S.C. § 1983 by plaintiff Keon Brice (“Brice”) against defendants City of York and five of its police officers. Brice alleges that the actions of the officers while arresting him violated his Fourth and Fourteenth Amendment rights to be free from excessive force and state-created danger. Presently before the court is the defendants’ motion for partial summary judgment. The motion seeks summary judgment on Brice’s municipal liability claims and on the state-created danger claim against the individual officers. One of the officers has also moved for summary judgment on the excessive force claim based upon his participation in the arrest. For the reasons that follow, the motion will be granted with respect to all of these claims.
Judge Malachy E. Mannion
This matter arises out of the formation and operation of the Kilimanjaro Steak House Bar & Grill, a Pennsylvania General Partnership between the plaintiff, Alnoor Rahemtulla – a resident of New Jersey, and the defendant, Nazim Hassam – a resident of Pennsylvania. More specifically, the case involves allegations that Mr. Hassam fraudulently induced Mr. Rahemtulla into entering a partnership, which through a calculated plan of making empty promises and withholding crucial information, caused Mr. Rahemtulla to invest $340,000 towards what he believed to be his contribution to the partnership, when such funds were instead misappropriated and commingled with the other defendants for other purposes. On March 31, 2004, the plaintiffs commenced this action in the United States District Court for the District of New Jersey, claiming, inter alia, fraud, misappropriation, conversion, breach of fiduciary duties, and unjust enrichment, and seeking an invalidation of the partnership documents, a disgorgement and return of the monies which they invested in the partnership, compensatory and punitive damages, and attorney’s fees and costs. (Doc. No. 1). Id. The defendants having filed a motion to dismiss and/or change venue, by order dated January 10, 2005, the District of New Jersey directed that the matter be transferred to the Middle District of Pennsylvania. Upon transfer, the parties consented to the jurisdiction of the undersigned on March 29, 2005.