District Court
MEMORANDA AND ORDERS
MARCH 26, 2024
BY SURRICK, J.
USA v. Coles et al; 05-0440; For the foregoing reasons,
Defendant�s Habeas Corpus Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or
Correct Sentence by a Person In Federal Custody and related filings will be
denied.
BY KEARNEY, J.
USA v. Wilson et al; 14-0209; We
deny his motion for compassionate release without prejudice.
BY RUFE, J.
Robinson v. Pennsylvania Department of Corrections et al;
20-2978; For the reasons stated herein, the Medical
Defendants� motion for summary judgment will be granted in part and denied in
part, and the DOC�s motion for summary judgment will be granted in part and
denied in part.
BY PEREZ, J.
Barrett v. TJX Companies, Inc. et al; 22-4708; For the reasons contained herein, this Court with grant
Plaintiff�s motion to remand this case to state court.
BY GOLDBERG, J.
USA v. Barksdale; 23-0381; Accordingly, I will deny
Defendant�s Motion to Suppress.
BY KENNEY, J.
Csaszar v. Monarch Medical, LLC
et al; 23-1286; For the foregoing reasons, Plaintiff�s
Motion is granted, and Defendants� expert report is stricken.
BY YOUNGE, J.
Canty et al v. City of
Philadelphia et al; 23-1873; For the foregoing
reasons, Defendants� Motions to dismiss are granted.
BY PAPPERT, J.
Rosado v. Whitcraft et al;
23-3717; For the foregoing reasons, the Court will
dismiss Rosado�s Amended Complaint.
BY STRAW, J.
Campbell v. Kijakazi; 21-4166; Finally, the ALJ did not err by excluding Dr. Beaumont�s
limitations from Campbell�s RFC and in the hypothetical questions posed to the
VE.
BY SLOMSKY, J.
Williams v. Tice et al; 21-5135; For the foregoing
reasons, the Court will approve and adopt United States Magistrate Judge Lloret�s Report and Recommendation and will deny
Petitioner�s 2254 Petition for a Writ of Habeas Corpus.
BY LEESON, JR, J.
Lutron Electronics Co., Inc. v. Leetronics
Corporation et al; 23-3318; For the reasons discussed above, the Chamberlain
factors support entering default judgment against Defendants Leetronics and Yadid on the
trademark infringement, unfair competition, and tortious interference claims,
all of which state legitimate causes of action.
BY ALEJANDRO, J.
Cain v. Commonwealth of Pennsylvania; 24-1098; For the foregoing reasons, the Court will grant Cain leave
to proceed in forma pauperis and dismiss his
complaint.
MARCH 27, 2024
BY HEY, J.
FLYNN v. Commissioner of Social Security; 22-3285;
Therefore, I find that the ALJ�s decision is supported by substantial evidence.
BY MURPHY, J.
Brickhouse v. School District
of Philadelphia et al; 22-4596; We grant the School District�s motion for
summary judgment on Dr. Brickhouse�s hostile work
environment and retaliation causes of action.
BY SURRICK, J.
Hall v. Septa et al; 22-4759; For
the foregoing reasons, Defendants� Motions are granted and Hall�s Amended
Complaint is dismissed with prejudice.
BY ALEJANDRO, J.
Law Offices of Bruce J. Chasan,
LLC et al v. Pierce et al; 23-0648; For the reasons
set forth, Defendants� motion to dismiss is granted in its entirety.
BY WOLSON, J.
Daniels et al v. Blair et al; 23-3895; I will grant Mr. Daniels
and Ms. Slaton leave to proceed in forma pauperis.
BY RUFE, J.
Hanna v. Berks County District Attorneys
Office Colin Boyer et al; 21-3812; For the
aforementioned reasons, Defendant�s Motion to Dismiss is granted.
BY SCHMEHL, J.
Gardner v. Kutztown University et al; 22-1034; This case
represents the second time the Court has had to intervene to prevent the
Defendants from enforcing what amounts to be clearly a blanket policy that any
request by a tenured faculty member at KU to change the course modality, office
hours and meetings for the Fall 2021 Semester and thereafter from in-person to
remote would be considered a substantial alteration to the course offerings.
BY GALLAGHER, J.
Gonzalez v. VJ Wood Recovery, LLC et al; 23-1599; For the reasons set out in this memorandum, Defendants�
motion for summary judgment is denied.
MARCH 28, 2024
BY KEARNEY, J.
USA v. Skipworth, et al.;
18-0576; We deny Mr. Scales�s
petition for writ of audita querela
and section 2255 habeas petition.
USA v. Speaks; 22-0154; We agree
with all counsel no evidentiary hearing is required because the record
conclusively shows he is not entitled to relief.
BY PAPPERT, J.
Spivey v. Tice et al; 18-1740; Spivey also moves for
reconsideration of the Court�s denial of a certificate of appealability.
BY BRODY, J.
USA v. Cohen; 22-0265; A Judgment of Conviction form
reflects the standard conditions amended as outlined in this Memorandum.
BY SCOTT, J.
Hollywood v. Marr et al; 22-2270; Because Mr. Hollywood
has already had one opportunity to amend his complaint, and any further
amendment would be futile, the plaintiff is not granted leave to amend.
BY BAYLSON, J.
Stover v. Chester Downs and Marina, LLC et al; 23-1416; For the foregoing reasons, Defendant�s motion is denied.
St. Louis v. New Hudson Facades LLC; 23-4516; This Court
will further decline to convert the instant motion into one for summary
judgment.
BY MURPHY, J.
Berk v. Rothman Institute
Orthopedic Foundation et al; 23-1437; Mr. Berk�s
attempt to force his doctors to provide him with an affidavit of merit fail.
BY MARSTON, J.
Johnson v. Stillman Law Office;
23-2433; The motion is granted, and judgment is
entered in Stillman Law�s favor on Johnson�s
remaining claims. Because this case qualifies for the Court�s mandatory
arbitration program, it will be scheduled for arbitration.
BY HODGE, J.
Roper v. Carter�s Pro Quality Cleaning, LLC et al;
24-0972; For the foregoing reasons, the Court will grant Roper leave to proceed
in forma pauperis, and dismiss the Complaint without
prejudice for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii)
and for failure to comply with the Federal Rules of Civil Procedure.
BY BEETLESTONE, J.
Garrett v. AFSCME District Council 33 et al; 24-1105; In
conclusion, for the reasons set forth above, Garrett request for a preliminary
injunction will be denied.
BY SCHMEHL, J.
Victaulic Company v. HiTherm,
LLC et al; 21-5077; For the foregoing reasons, Victaulic�s Motion is granted in
part and denied in part.
MARCH 29, 2024
BY ALEJANDRO, J.
Shiloh et al v. Philadelphia Vascular Institute LLC et
al; 18-5458; For the reasons stated herein,
Defendants� motion to dismiss is denied.
BY RUFE, J.
Rohrbach et al v. NVR, Inc.;
19-5847; For the reasons stated herein, the parties�
cross-motions for summary judgment will be denied.
BY SLOMSKY, J.
Federal Trade Commission v. American Future Systems, Inc.
et al; 20-2266; For the foregoing reasons, Judgment will be entered in favor of
Defendants American Future Systems, Inc., Progressive Business Publications of
New Jersey, Inc., and Edward M. Satell and against
Plaintiff Federal Trade Commission on Counts I, II and IV brought under 15
U.S.C. 45(a) and 39 U.S.C. � 3009 in the Amended complaint.
BY SANCHEZ, J.
Moore v. Montgomery County Correctional Facility et al;
20-5172; For the foregoing reasons, Judgment will be entered in favor of
Defendants American Future Systems, Inc., Progressive Business Publications of
New Jersey, Inc., and Edward M. Satell and against
Plaintiff Federal Trade Commission on Counts I, II and IV brought under 15
U.S.C. 45(a) and 39 U.S.C. 3009 in the Amended Complaint.
BY RUFE, J.
Watson v. Philadelphia Parking Authority et al; 21-1514; For the aforementioned reasons, Plaintiff�s Motion will be
granted in part and denied in part.
BY WOLSON, J.
Williams v. Linode Limited
Liability Company et al; 22-1618; Trials have winners and losers. It�s the
nature of the game.
BY PEREZ, J.
Anderson v. J.P. Morgan Chase Bank; 22-5084; Therefore,
Defendant�s motion is granted and the Complaint is dismissed in its entirety.
Frutera Agrosan
Export SpA et al v. MSC Mediterranean Shipping
Company, S.A., et al; 23-0885; For the foregoing reasons, this Court will
transfer this case to the United States District Court for the Southern
District of New York.
Witricity Corporation v. Inductev, Inc.; 23-1099; For the
reasons stated above, Defendant�s motion to transfer will be granted.
C.H. Robinson Company, Inc. v. MSC Mediterranean Shipping
Company S.A. et al; 23-1384; For the foregoing reasons, this Court will
transfer this case to the United States District Court for the Southern
District of New York.
CH Robinson Company, Inc. v. MSC Mediterranean Shipping
Company S.A. et al; 23-1748; For the foregoing reasons, this Court will transfer
this case to the United States District Court for the Southern District of New
York.
BY SCOTT, J.
Nolt v. City of Philadelphia et
al; 23-0864; Because the complaint fails to sufficiently plead that Children�s
Choice is a state actor for purposes of 1983, the Court will grant Children�s
Choice�s motion to dismiss the 1983 claim.
BY HODGE, J.
Hoyt v. Pennsylvania Department of Corrections d/b/a SCI
Phoenix et al; 23-2163; For the foregoing reasons, the Court DENIES Defendants�
Motion to Dismiss with respect to Count I of Hoyt�s complaint, and grants
defendants� Motion to Dismiss with respect to Count II, without prejudice,
allowing Hoyt leave to amend his complaint with respect to Count II.
BY BAYLSON, J.
K.T. v. A Place for Rover, et al.; 23-2858; For the foregoing reasons, Plaintiffs� Motion for Relief is
denied.
R.D. v. A Place for Rover et al; 23-2859; For the foregoing reasons, Plaintiffs� Motion for Relief is
denied.
Bailey v. A Place for Rover, et al; 23-2860; For the foregoing reasons, Plaintiffs� Motion for Relief is
denied.