Kohn et al v. School Distrit of the City of Harrisburg et al
| Gerald Kohn, Julie Botel and Rebecca Hostetler |
| School Distrit of the City of Harrisburg, Linda D. Thompson, Board of Control of the School District of the City of Harrisburg, Gloria Martin-Roberts, Herbert Goldstein, Autumn Cooper, Sanford Long, Jennifer Smallwood, Roy E. Christ, Esther Edwards, School Board of the City of Harrisburg, Lola D. Lawson, Esther E. Edwards, Lionel Gonzalez, Wayne L. Henry, Randy K. King, Jeffrey R. Moore, Tiffiney Penn and Patricia Whitehead-Myers |
| 1:2011cv00109 |
| January 14, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Dauphin |
| William W. Caldwell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
172
MEMORANDUM AND ORDER - AND NOW, this 6th day of Nov., 2012, upon consideration of the defts.' motions 149 151 153 155 pursuant to FRCP 56(d) for an ext. of time to oppose plfs.' motion for SJ it is ORDERED that: 1. The motions are d enied. 2. Defts. shall have 21 days from the date of this order to oppose plfs.' SJ motion. 3. Plfs. shall have 14 days to file a reply brief. 139 140 (See memo for complete details.) Signed by Honorable William W. Caldwell on 11/6/12. (am)
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Filing
169
MEMORANDUM AND ORDER - AND NOW, this 31st day of October, 2012, it is ORDERED that the mtn. 145 for reconsideration filed by third-party defts., James E. Ellison, Esq., and Rhoads & Sinon, is DENIED. 141 (See memo for complete details.) Signed by Honorable William W. Caldwell on 10/31/12. (am)
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Filing
141
MEMORANDUM AND ORDER - AND NOW this 16th day of August, 2012, it is ORDERED that the mtn. 125 127 for jgm. on the pleadings 83 filed by third-party defts., James E. Ellison, Esq., & Rhoads & Sinon, is DENIED. (See memo for complete details.) Signed by Honorable William W. Caldwell on 8/16/12. (am, )
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Filing
119
MEMORANDUM AND ORDER - AND NOW, this 7th day of May, 2012, it is ordered that: 1. The mtn. 88 of the third-pty. deft. Mayor Linda Thompson to dismiss the third-party complt. 83 against her is denied as to the federal civil-rights conspiracy claim for contribution & granted as to the tortious-interference claim. The tortious-interference claim is hereby dism'd. 2. The mtn. 100 of the third-party defts. James E. Ellison & Rhoads & Sinon to dismiss the third-party complt. 83 against th em is granted as to any claims based on sole liability & for indemnity & contribution on the legal malpractice claim. The mtn. is denied for contribution as to the School District's federal civil-rights conspiracy claim & the tortious-interferen ce claim. The mtn. is also denied for the independent claim for legal malpractice. 3. The mtn. 103 of the mayor-appt.'d members of the Board of Control to dismiss the School District's cross-claim 84 is denied as to the federal civil-ri ghts conspiracy claim for contribution & granted as to the tortious-interference claim. The tortious-interference claim is hereby dism'd. 4. The mtn. 107 of cross-claim defts. James E. Ellison & Rhoads & Sinon to dismiss the cross-claim agains t them by the Board of Control & the mayor-appt'd members of the Board of Control is granted & the cross-claim 102 is hereby dism'd. 5. The stay of disc. imposed in the orders of 2/27/12, 95 & 4/2/12, 114 is vacated. (See memo for complete details.) 88 Signed by Honorable William W. Caldwell on 5/7/12. (am, )
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Filing
65
MEMORANDUM AND ORDER - AND NOW, this 22nd dy of Sept., 2011, upon con. of the following mtns. to dismiss under FRCP 12(b)(6), the mtn. 34 by the School District, the mtn. 35 by Christ and Edwards, the mtn. 37 by the Elected School Board and its members, the mtn. 39 by the Board of Control and its members; the mtn. 50 by Mayor Thompson, and also upon con. of the mtn. 38 to dismiss under Fed.R.Civ.P.12(b)(5) by the Board of Control, it is ordered that: 1. The mtn. 50 to dismiss by d eft. Mayor Linda Thompson, is granted, Count VII of the amd. complt. is hereby dism'd, & Mayor Linda Thompson is dism'd from this action. 2. The mtn. 38 under FRCP 12(b)(5) by the Board of Control is denied. 3. The mtns. to dismiss Count V, the breach-of-contract claim, are denied except that this count shall proceed only against the deft. School District. This ct. is dism'd as against all other defts. 4. The mtns. to dismiss Count III, the federal due process claim, are denied except that the Elected School Board and the Board of Control are dism'd as defts., on this count. This count shall proceed against the remaining defts. in their personal capacities. 5. The mtns. to dismiss Count 1, the state-law mandamus claim, are denied except that this count shall proceed only against the School District, the Elected Board and the Elected Board members. This count is dism'd as against the Board of Control & its members. Any claim for damages against the Elected Sch ool Board members is dism'd. Any claim for damages against the Elected School Board members is dism'd. 6. The mtns. to dismiss, Count IV, the declaratory jgm. claim against 24 Pa. Stat. Ann. 17-1704-B(a)(8) on the bases of the Contract and Due Process Clauses of the federal and state Constitutions; Count VI, the promissory estoppel claim; and Count VIII, the claims for damages based on a violation of the School Code and the Local Agency Law, are granted, and Count IV, Count VI and Coun t VIII are hereby dism'd. 7. The mtns. to dismiss Count II, the declaratory jgm. claim seeking a declaration that the termination of the employment agreements is void and of no force and effect, are denied and this claim shall proceed as against all defts. (See memo for complete details.) Signed by Honorable William W. Caldwell on 9/22/11. (am, )
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