Plaintiff initiated this action by filing a Complaint on August 15, 2016, followed by an Amended Complaint on August 18, 2016. (Docs. 1, 4). Defendants initially filed a Motion to Dismiss for Failure to State a Claim on August 25, 2016. (Doc. 10). However, we stayed the case by Order dated September 14, 2016, (Doc. 15), pending resolution of unsettled state law in state court. Following a decision by the Commonwealth Court of Pennsylvania, we issued an Order lifting the stay on November 15, 2016. (Doc. 18). Defendants subsequently filed another Motion to Dismiss for Failure to State a Claim on December 1, 2016. (Doc. 21). Plaintiff filed a Motion for Leave to File a Second Amended Complaint on January 9, 2017, (Doc. 25), which we granted by Memorandum and Order on April 24, 2017. (Doc. 32). Plaintiff filed a Second Amended Complaint on May 14, 2017. (Doc. 33). Defendants subsequently filed the present Motion to Dismiss on May 26, 2017. (Doc. 34). Defendants filed their supporting brief on June 8, 2017, (Doc. 37), Plaintiff filed his opposition brief on June 22, 2017, (Doc. 40), and Defendants filed their reply brief on June 30, 2017. (Doc. 41).
You are here
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
Presently pending before the Court are two motions to dismiss filed by the Defendants. (Docs. 21, 23). Plaintiffs are Ranay Rohrbaugh ("Ranay"), a minor, by and through her parents Linda and James Rohrbaugh, and Linda and James Rohrbaugh individually. Defendants are Lincoln Intermediate Unit ("Lincoln"), West York Area School District ("West York"), and Maryanne Kreuz. Plaintiffs filed an amended complaint on January 27, 2017. (Doc. 16). Count I is against all Defendants and claims a violation of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. ("Section 504"). Count II is against all Defendants and claims a violation of Due Process, 42 U.S.C. § 1983. Count III is against Kreuz only and claims assault and battery under Pennsylvania common law. West York filed a motion to dismiss on February 10, 2017, along with a brief in support. (Docs. 21, 22). Lincoln and Kreuz also filed a motion to dismiss and a brief in support on February 10, 2017. (Docs. 23, 24). Plaintiffs filed a brief in opposition to both motions on March 13, 2017. (Doc. 29). The Defendants filed replies on March 27, 2017. (Docs. 31, 32). The motions are fully briefed and ripe for our review. For the reasons that follow, the motions are granted and the case closed.
Presently pending before the Court is a motion to dismiss (the “Motion”) filed by Defendants Medtronic, Inc, Medtronic Puerto Rico Operations, Co, and Medtronic Logistics, LLC. (collectively “Medtronic”) (Doc. 9). Plaintiff Jason Silver brings seven counts against Medtronic arising out of the alleged malfunction of a Medtronic device, the SynchroMed II. (Doc. 1). The Motion has been fully briefed (Docs. 11, 14, 15) and is therefore ripe for our review. For the reasons that follow, the Motion shall be granted in part and denied in part.
Presently pending before the Court is a Motion to Dismiss (Doc. 10) filed by Defendants Pedro A. Cortes and Jonathan Marks (collectively, “Defendants”). The Motion is filed in response to Plaintiff Roque de la Fuente’s Amended Complaint for Emergency Mandamus, Injunctive and Declaratory Relief (Doc. 4), filed on August 18, 2016. Due to the expedited nature of this proceeding and the close relation of the issues raised with matters of Pennsylvania election law, the Court requested that the parties brief the threshold issue of abstention on an accelerated schedule. We have now received a full complement of briefings (Docs. 11, 12, and 13) in response to the Motion and the Motion is accordingly ripe for the Court’s review. For the following reasons, the Court shall abstain and shall not proceed to the merits of Plaintiff’s claims.
On June 29, 2012, Lang filed a Complaint (Doc. 1), individually and on behalf of all others similarly situated, against PHEAA. In his Complaint, Lang alleged that he and other PHEAA employees were required to arrive at work early to log in to various computer applications and perform other tasks so that they would be ready to handle calls at the beginning of their shifts. Lang alleged that he, and others similarly situated, were not paid for this time. PHEAA’s alleged failure to pay Lang and other employees for this time formed the factual basis for the two counts presented in Lang’s Complaint. In Count I, Lang alleged a violation of the Fair Labor Standards Act, (“FLSA”), 29 U.S.C. § 201, et seq. Count II of the Complaint alleged violations of the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260.1, et seq., and the Pennsylvania Minimum Wage Act, 43 P.S. § 333.101, et seq.
Chief Judge Christopher C. Conner
Defendant Robert Cormier (“Cormier”) moves the court to withdraw his guilty plea pursuant to Federal Rule of Criminal Procedure 11(d)(2). See FED. R. CRIM. P. 11(d)(2). Cormier claims that prior counsel provided ineffective assistance concerning his exposure to an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e). The court will deny Cormier’s motion.
Malibu Media, LLC, commenced the above-captioned action against John Doe, asserting one count of copyright infringement pursuant to the United States Copyright Act of 1976, 17 U.S.C. § 101 et seq. John Doe rejoins with counterclaims and third-party claims for common law fraud as well as violation of Pennsylvania‟s Unfair Trade Practices and Consumer Protection Law, 73 PA. STAT. AND CONS. ANN. § 201-1 to -9.3, and the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1963 et seq. Before the court are motions to dismiss by counterclaim defendant Malibu Media, LLC, and third-party defendants Christopher Fiore, Esquire, and Colette Pelissier-Field.
Defendant Helene Mitchell (“Mitchell”) pled guilty in December of 2006 to possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g) and 924(e). Because Mitchell had three or more qualifying prior convictions under the Armed Career Criminal Act (“ACCA” or “the Act”), she received a mandatory minimum sentence of fifteen years‟ imprisonment. See 18 U.S.C. § 924(e). Mitchell presently moves the court for vacatur of her fifteen-year sentence in light of the United States Supreme Court‟s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which invalidated the ACCA‟s residual clause as unconstitutionally vague. Id. at 2557. For the reasons that follow, the court will grant Mitchell‟s motion (Doc. 83) and schedule resentencing forthwith.
Plaintiff Arthur Johnson ("Johnson" or ―Mr. Johnson‖) is a convicted murderer. He has been in the custody of the Pennsylvania Department of Corrections ("the Department") since 1973, serving a life sentence without the possibility of parole. For the past thirty-six years, the Department has held Mr. Johnson in solitary confinement—his entire existence restricted, for at least twenty-three hours per day, to an area smaller than the average horse stall. Astoundingly, Mr. Johnson continues to endure this compounding punishment, despite the complete absence of major disciplinary infractions for more than a quarter century.
Mr. Johnson initiated this cause to challenge his institutional exile as violative of the United States Constitution. Presently, Mr. Johnson moves the court to compel the Department to: (1) stop his interminable isolation and (2) release him to general population.