District Court

MEMORANDA AND ORDERS

NOVEMBER 22, 2024

BY BEETLESTONE, J.

Savane v. Majorkas; 24-224; Because Savane does not raise any genuine disputes of material fact and because the Government is entitled to judgement as a matter of law, the Government�s Motion for Summary Judgment will be granted.

BY KENNEY, J.

Lumbermens Merchandising Corporation v. Stacey Holdings, Inc.; 24-1111; The Court took proactive measures to ensure Defendant had proper notice of the court�s orders, most importantly the order to replace counsel; these efforts went unheeded. Accordingly, the Court will grant Plaintiff�s Motion for Default Judgment (ECF No. 40) in the amount of $232,727.61 plus post-judgment interest.

BY MURPHY, J.

Muhammad v. Armfield et al; 24-2553; For the reasons explained above, we adopt Judge Carlos� report and recommendation. We dismiss Mr. Muhammad�s writ of habeas corpus and will not issue him a certificate of appealability as he has failed to make �a substantial showing of the denial of a constitutional right.�

BY MARSTON, J.

Williams v. Wood et al; 24-3263; For the foregoing reasons, the Court will grant Williams leave to proceed in forma pauperis and dismiss his Complaint. Any federal claims Williams sought to assert are dismissed with prejudice and without leave to amend for failure to state a claim pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii).

BY MARSTON, J.

Williams v. Penn Dental Medicine; 24-5086; For the foregoing reasons, the Court will grant Williams leave to proceed in forma pauperis and dismiss his Complaint. Any federal law claims Williams sought to assert will be dismissed with prejudice and without leave to amend for failure to state a claim pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii).

BY MCHUGH, J.

Garcia et al v. Dial et al; 24-4548; For the reasons set forth above, Plaintiffs� and Dial�s Motions to Remand will be granted.

BY MCHUGH, J.

Waugh v. Philadelphia Domestic Relations; 24-5538; For the foregoing reasons, the Court will grant Mr. Waugh leave to proceed in forma pauperis and dismiss his Complaint for failure to state a claim pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii).

BY HEY, J.

Brown et al v. Brooks et al; 23-2966; Because the measure of damages for past medical damages is the amount accepted by the provider as payment in full and that amount is readily available, I conclude that Ms. Dailey�s analysis is not relevant to any issue the jury must decide and would not aid the jury, and therefore her analysis is precluded.

BY KEARNEY, J.

Owens v. Pacovsky; 24-5411; We deny Mr. Owens�s habeas petition and deny a certificate of appealability.

NOVEMBER 25, 2024

BY MCHUGH, J.

Speaks v. United States of America; 23-487; For the reasons set forth above, both Defendants� Motions for Summary Judgment must be granted.

BY SITARSKI, J.

Edward P. v. O�Malley; 23-5120; Plaintiff notes that in his initial hearing testimony and disability report he claimed that this PRW required him to lift 50 pounds. (Reply, ECF No. 11, at 4 (citations omitted)). However, the ALJ did not have to credit these litigation submissions over the description of duties set forth in Plaintiff�s own resume.

BY PADOVA, J.

Staple v. LM General Insurance Company; 24-3935; Moreover, there is no indication that Plaintiff has acted in bad faith, has acted with dilatory motive, has unduly delayed litigation, or has repeatedly failed to cure the deficiencies in her bad faith claim by amendment. Furthermore, it does not appear that amendment would be futile. We therefore grant Plaintiff leave to amend her bad faith claim.

BY COSTELLO, J.

Thompson v. Philadelphia Police Dept et al; 24-5491; For the foregoing reasons, the Court will grant Thompson leave to proceed in forma pauperis. The Court will dismiss the Complaint without prejudice for failure to state a claim, pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii). Thompson may file an amended complaint.

BY SLOMSKY, J.

USA v. Ordaz et al; 98-587; For the foregoing reasons, Defendants Motion for Compassionate Release will be denied.