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.