Banks et al v. Gallagher et al
| Richard Banks, Judy Banks, Roger McCarren and Larry Meyer |
| Karen Gallagher, Anthony Mariano, William Stadnitski and Dickson City |
| 3:2008cv01110 |
| June 11, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Other Office |
| Lackawanna |
| A. Richard Caputo |
| Malachy E. Mannion |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
155
MEMORANDUM AND ORDER denying 62 Motion for Partial Summary Judgment; denying 63 Motion for Partial Summary Judgment; denying 64 Motion for Partial Summary Judgment; granting 71 Motion for Summary Judgment; adopting in part Report and Recommen dations re 151 Report and Recommendations. IT IS HEREBY ORDERED that the report and recommendation (Doc. 151) is ADOPTED IN PART and REJECTED IN PART as follows: (1) The recommendation that plaintiff Bankss motion for partial summary judgment (Doc . 62) be denied is ADOPTED. (2) The recommendation that plaintiff McCarrens motion for partial summary judgment (Doc. 63) be denied is ADOPTED.(3) The recommendation that plaintiff Meyers motion for partial summary judgment (Doc. 64) be denied is ADO PTED.(4) The recommendation that defendants motion for partial summary judgment against plaintiff Kraft (Doc. 71) be granted is ADOPTED. (5) The recommendation that plaintiff Kraft be given leave to amend to specify the defendants capacity is REJECTED.Signed by Honorable A. Richard Caputo on 2/22/11 (jam, )
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Filing
151
REPORT AND RECOMMENDATIONS recommending that (1) plaintiff Richard Banks motion for partial summary judgment, (Doc. No. 62), be DENIED; (2)plaintiff Roger McCarrens motion for partial summary judgment, (Doc. No. 63), be DENIED;(3)plaintiff Larry Meye rs motion for partial summary judgment, (Doc. No. 64), be DENIED; and(4)defendants motion for partial summary judgment against plaintiff Kraft, (Doc. No. 71) be GRANTED; and that plaintiff Kraft be GRANTED leave to amend the complaint only for the pu rpose of specifying that defendants Mariano and Gallagher are being sued in their individual capacities.(5)the matter be set down for trial at the convenience of the court. Objections to R&R due by 12/30/2010.Signed by Magistrate Judge Malachy E. Mannion on 12/13/10. (bs, )
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Filing
147
ORDER granting in part and denying in part 66 Motion for Summary Judgment; granting in part and denying in part 69 Motion for Partial Summary Judgment; adopting 137 Report and Recommendations. IT IS HEREBY ORDERED THAT:(1)The Report and Recomme ndation (Doc. 137) is ADOPTED.(2)Defendant Anthony Marianos Motion for Summary Judgment (Doc. 66) is GRANTED IN PART and DENIED IN PART as follows:(a)As to Plaintiffs claims at Counts II, IV(B), V, and VI, the motion is GRANTED.(b)As to claims for pu nitive damages, the motion is GRANTED.(c)As to the remainder, the motion is DENIED.(3)Defendant Karen Gallaghers Motion for Summary Judgment (Doc. 69) is GRANTED IN PART and DENIED IN PART as follows:(a)As to Plaintiffs claims at Counts II, IV(B), V, and VI, the motion is GRANTED.(b)As to Plaintiff Larry Meyers claims at Count I, the motion is GRANTED.(c)As to claims for punitive damages, the motion is GRANTED.(d)As to the remainder, the motion is DENIED.(4)The case is RECOMMITTED to Magistrate Judge Mannion for further proceedings.Signed by Honorable A. Richard Caputo on 5/10/10 (jam, )
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Filing
135
ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER REFERRING CASE to Magistrate Judge Malachy E. Mannion; IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 91) is ADOPTED. 2. Plaintiff Kraft's Motion for Summary Judgment (Doc. 44) is DENIED. 3. The case is RECOMMITTED to Magistrate Judge Mannion for further proceedings. Signed by Honorable A. Richard Caputo on 11/17/09. (jam, )
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