Before this court are: (1) Plaintiff’s complaint alleging improper taxation of his wages by the Internal Revenue Service (“IRS”) and his employer, the United States Postal Service, (2) Plaintiff’s motion for a preliminary restraining order and for temporary and permanent injunctions, (3) Magistrate Judge Smyser’s Report and Recommendation concerning the motion for preliminary retraining order, (4) Plaintiff’s objections thereto, (5) Defendants’ motion to dismiss, (6) Plaintiff’s motion of refusal for fraud of respondents motion to dismiss, and (7) Plaintiff’s motion for leave to amend the complaint. For the reasons that follow, the Court will overrule the Plaintiff’s objections to the report and recommendation, adopt the findings and recommendations of the Magistrate Judge, deny the Plaintiff’s motion for preliminary injunctive relief, and grant Defendants’ motion to dismiss.
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Judge Yvette Kane
Plaintiffs filed suit for personal injuries resulting from a car accident in Pennsylvania on November 20, 2001. Plaintiffs brought their case in the Court of Common Pleas of Dauphin County on October 23, 2002. Defendant Conanway filed notice of removal in this Court on November 20, 2002. Plaintiffs’ complaint established diversity of the parties and demanded damages in “an amount in excess of the compulsory arbitration limits, plus costs and interest." Following an examination of the complaint and a telephone conference with the parities, this Court remanded the action to state court for lack of diversity jurisdiction based on an inadequate amount in controversy. Following the telephone conference but before the order of remand issued, Plaintiffs filed an amended complaint adding Defendant CTS Capital Corporation, a New Jersey company. Defendants now move for reconsideration of the remand.
Plaintiffs’ decedent, Ryan K. Schorr, (“Schorr”), suffered from bipolar disorder. Schorr’s condition deteriorated shortly before November 18, 2000, and his roommate and family applied for his involuntary committal pursuant to § 302 of the Pennsylvania Mental Health Procedures Act. A crisis intervention worker employed by Holy Spirit Hospital took and evaluated the application, and caused an order for involuntary commitment to be issued. The worker then contacted the Cumberland County Control Unit and arranged for West Shore Regional Police Department officers to detain Schorr pursuant to the commitment order and related warrant.
The background of this case has been well detailed in this Court’s prior orders and in the December 27, 2001 opinion of the United States Court of Appeals for the Third Circuit, and therefore the recitation of facts here will be brief. Dr. Steven E. Paul was featured in a sidebar to an article in the May 1996 issue of Redbook Magazine entitled “Bad Medicine: The Doctors Who Could Cost You Your Life.” This sidebar profiled six doctors, including Dr. Paul. Because of the article and the associated profile, Dr. Paul and his wife filed a suit for libel per se and false light in the Court of Common Pleas of Bradford County, Pennsylvania in March of 1997. Defendants Removed the action to this Court in April of 1997.
On March 10, 2001, four year old Plaintiff Renee Morrow boarded the “Norwegian Wind,” a cruise ship owned and operated by Defendant Norwegian, for a cruise departing from and returning to Miami, Florida. Sometime prior to boarding the ship, Plaintiff’s parents purchased tickets for the family. These tickets included a passenger ticket contract with a forum selection clause. This clause required all lawsuits for injuries that occurred while on the cruise to be brought in Dade Country, Florida.
On September 10, 2001, Plaintiff Thurston Bell, proceeding pro se, filed a complaint against IRS Commissioner Charles Rossotti in his official capacity, and IRS agents Chris Roginsky and Kathleen Lennon in their official and individual capacities. In his suit, Bell seeks (1) a declaratory judgment that his websites and their content are protected by the First Amendment to the United States Constitution, (2) an injunction against Defendants preventing them from approaching him and his family, and (3) compensatory damages in the amount of $30,000 and punitive damages of $1,000,000 from each of the Defendants sued in their individual capacities for violations of his First Amendment rights.
Plaintiffs Donald E. Piper, Sr. (“Mr. Piper”) and Diana L. Piper (“Mrs. Piper”) (collectively, “Plaintiffs”) make the following allegations against defendants. On November 19, 1998, Plaintiffs discussed the purchase of health insurance coverage with an insurance salesperson named Dennis Shillen (“Mr. Shillen”). Plaintiffs allege that Mr. Shillen was recruited and trained by NBA, and that he was an authorized agent of American National. Plaintiffs filled out and signed an application for group health insurance that would be provided by American National. In order to be enrolled in the group policy, which was issued by American National to NBA, Plaintiffs were required to become members of NBA. Therefore, Plaintiffs joined NBA at the same time they applied for the health insurance, paying a $12 fee for the membership.
Plaintiff, formerly Assistant Director of the Pennsylvania Lottery (“Lottery”), alleges that during the course of her employment she was discriminated against because of her sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plaintiff also alleges that she was ultimately discharged in retaliation for the claim of discrimination she filed with the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission, and that the discharge thus violated Title VII and the First Amendment to the United States Constitution. The Court exercises jurisdiction pursuant to 28 U.S.C. § 1331, and venue is proper. Defendants have filed a motion for summary judgment, which has been fully briefed and is ripe for disposition. For the reasons discussed below, the motion will be granted in part and denied in part.
Plaintiff Margaret Ayers (“Plaintiff”) was an employee of Defendant Maple Press Company and Affiliated Companies (“Defendant”) and covered under Defendant’s Employee Benefit Plan (“the Plan”) when, on December 13, 1997, her truck left the roadway and struck a tree. Plaintiff sustained serious injuries, was in a coma for six weeks and incapacitated for a further period of time thereafter. She is now a quadriplegic and unable to work. Her mother, Jeanne M. Spiker (“Spiker”) obtained power of attorney and commenced these proceedings.
Tests performed on Plaintiff at the hospital after the crash showed a blood alcohol level of 0.144 and a police report showed a blood alcohol content of 0.13, both of which exceed the level defining “under the influence” in Pennsylvania law. The parties dispute whether Plaintiff was under the influence at the time her injuries were incurred. While the blood test evidence indicate that she was, Plaintiff questions the method and accuracy of testing, the timing of testing after the injuries, and extrapolation of those test results back in time to determine her blood alcohol level at the time the injuries were incurred.
On June 8, 2001, Plaintiff filed this 42 U.S.C. § 1983 suit against the York County Police alleging that they deprived him of certain constitutional rights during his arrest, detention, interrogation and prosecution for unspecified state criminal charges. Plaintiff’s complaint, construed liberally, alleges the following: 1) excessive force used by the police during his arrest; 2) unlawful search and seizure of his person and property during the arrest and investigation; 3) failure to advise Plaintiff of his rights under Miranda v. Arizona and coercion and entrapment of him during questioning; 4) denial of Plaintiff’s request to speak to an attorney before and during questioning; 5) unlawful detention; 6) excessive bond set for Plaintiff’s release; and 7) police harassment of Plaintiff’s wife and her sister.