Piazza v. CT Corporation et al
| Richard Piazza |
| CT Corporation and Pennsylvania State Police Division of Gaming Enforcement |
| 3:2009cv01087 |
| June 8, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Thomas M. Blewitt |
| Thomas I. Vanaskie |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
88
MEMORANDUM AND ORDER: 1. The r and r of MJ Blewitt 78 is ADOPTED in part and REJECTED in part, as follows:a. ADOPTED with respect to its recommendation to strike paragraphs, 2, 3, 6, 7, 8, 25, 27, 29, 34, 41, 47, 48, 53, 72, 74, 75, 82, 84, 88, 89, 90 of Piazzas statement of material facts (Doc. 44) as unsupported by a proper citation to the record.b. ADOPTED with respect to its recommendation to strike paragraphs 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 33, 34, 35, 36, 37 , 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 57, 59, 63, 70, 71, 77, 78, 79, 80, 81, 90, and 91 of Piazzas statement material facts (Doc. 44) and Piazzas exhibits E, F, G, I, J, N, O (Doc. 46, Exs. E, F, G, I, J, N, O) as immaterial to Piazz as claims against Szczecinski.c. ADOPTED with respect to its recommendation to deny Piazzas motion for partial summary judgment. (Doc. 78, at 45).d. ADOPTED with respect to its recommendation to grant Szczecinskis motion for summary judgment on Piazz as § 1983 Fourth Amendment illegal search claim. (Doc. 78, at 45).e. Report is REJECTED in all other respects.2. The r and r of MJ Blewitt 79 is ADOPTED in part and REJECTED in part, as follows:a. ADOPTED with respect to its recommendation to strike paragraphs 2, 4, 6, 7, 8, 13, 14, 25, 27, 29, 34, 40, 41, 42, 43, 47, 48, 53, and 65 of Piazzas statement of material facts (Doc. 44) as unsupported by a proper citation to the record.b. ADOPTED with respect to its recommendation to strike par agraphs 3, 6, 7, 9, 10, 11, 22, 27, 28, 29, 45, 52, 56, 58, 61, 65, and 66 of Piazzas statement of material facts (Doc. 44) and Piazzas exhibits F & G (Doc. 46, Exs. F, G) as immaterial to Piazzas claims against Mohegan Sun.c. ADOPTED with respect to its recommendation to grant Mohegan Suns motion for summary judgment. (Doc. 79, at 44)d. Report is REJECTED in all other respects.3. Szczecinskis motion to strike 52 is GRANTED in part and DENIED in part, as follows:a. GRANTED with respect to stri king paragraphs 2, 3, 6, 7, 8, 25, 27, 29, 34, 41, 47, 48, 53, 72, 74, 75, 82, 84, 88, 89, 90 of Piazzas statement of material facts (Doc. 44) as unsupported by proper and accurate citation to the record.b. GRANTED with respect to striking paragraphs 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 33, 34, 35, 36, 37, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 57, 59, 63, 70, 71, 77, 78, 79, 80, 81, 90, 91 of Piazzas statement material facts (Doc. 44) and Piazzas exhibits E , F, G, I, J, N, O, and Y (Doc. 46, Exs. E, F, G, I, J, N, O, Y) as immaterial.c. The motion is GRANTED with respect to striking paragraphs 4 and 6-21 of Marianne Piazzas affidavit (Doc. 46, Ex. B) and paragraphs 10-13 of Richard Piazzas affidavit (D oc. 46, Ex. C) to the extent they are offered for the truth of the matter asserted, and striking paragraphs 17 and 20 of Richard Piazzas affidavit as contradicted by the record.d. DENIED in all other respects4. Mohegans Sun motion 60 to strike is G RANTED in part and DENIED inpart, as follows:a. GRANTED with respect to striking paragraphs 2, 4, 6, 7, 8, 13, 14, 25, 27, 29, 34, 40, 41, 42, 43, 47, 48, 53, and 65 of Piazzas statement of material facts (Doc. 44) as unsupported by a proper citation to the record.b. GRANTED with respect to striking paragraphs 3, 6, 7, 9, 10, 11, 22, 27, 28, 29, 45, 52, 56, 58, 61, 65, and 66 of Piazzas statement of material facts (Doc. 44) and Piazzas exhibit F, G, and Y (Doc. 46, Exs. F, G. Y) as immaterial to Piazzas claims against Mohegan Sun.c. GRANTED with respect to striking paragraphs 4, and 6-21 of Marianne Piazzas Affidavit (Doc. 46, Ex. B) to the extent they are being offered for the truth of the matter asserted.d. DENIED in all other respects.5. Piazzas motion for partial summary judgment 40 is DENIED6. Szczecinskis motion for summary judgment 32 is GRANTED.7. Mohegan Suns motion for summary judgment 45 is GRANTED8. The Clerk of the Court is directed to enter JUDGMENT in favor of Mohegan Sun and Szczecinski.9. The Clerk of Court is directed to CLOSE the case.Signed by Honorable Christopher C. Conner on 09/26/11 (ma, )
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