Zaloga et al v. Borough of Moosic et al
| Jeanne Zaloga and Edward Zaloga, D.O., C.P.A. |
| Borough of Moosic, Moosic Borough Council, Moosic Borough Planning Commission, Moosic Borough Zoning Board of Adjustments, Joseph Mercatili, Joseph Dente, Thomas Harrison, Bryan Fauver and James Durkin |
| 3:2010cv02604 |
| December 21, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| James M. Munley |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
206
ORDER (memorandum filed previously as separate docket entry), IT IS HEREBY ORDERED THAT: Plaintiffs' Motion for Relief from Judgment 190 is DENIED. Signed by Honorable Matthew W. Brann on 3/22/2017. (jn)
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Filing
177
ORDER (memorandum filed previously as separate docket entry). Defendants Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. ECF No. 138. Final Judgment will be deferred until after disposition of the remaining claims. The only cl aims and parties that survive the motion for summary judgment are Edward Zaloga and Correctional Care Inc, Plaintiffs, versus Joseph Mercatili, Defendant, for three claims retaliation in violation of the First Amendment pursuant to 42 U.S. C. § 1983; conspiracy under 42 U.S.C. § 1983; and civil conspiracy pursuant to state common law. The docket caption will be amended accordingly. A telephone conference call will be scheduled with counsel in the near future to discuss the parties desire to participate in mediation or a settlement conference or to fix this matter for trial. Signed by Honorable Matthew W. Brann on 6/16/15. (lg)
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Filing
103
MEMORANDUM AND ORDER: Defendants' motion to dismiss 94 the amended complaint 87 is GRANTED IN PART and DENIED IN PART, as follows: Plaintiffs shall file a second amended complaint subject to revisions; defendant John J. Brazil is DISMISSED from this action; plaintiffs shall not include any parties or factual allegations in their second amended complaint that do not already appear in their amended complaint. If any such additions are made, the Court will dismiss this action with prejudice pursuant to Fed. R. Civ. P. 41(b) for failing to comply with this Courts Order. (See Order for complete details.) Signed by Honorable Matthew W. Brann on 5/8/13. (km)
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Filing
85
MEMORANDUM & OPINION - Plaintiffs' Motion to Amend will be granted, subject to the following instructions to remove certain paragraphs from the Amended Complaint. Plaintiffs shall remove 1m 12732, 147, 149, and 150-52 from the Amended Complaint. With respect to W150-52, only the portions of those paragraphs referring to contractual rights and adverse credit histories are ordered to be removed. With respect to the allegations that Defendants, including Brazil, deliberately failed to notify P laintiffs that he was filing a municipal lien against them, the Court will allow Plaintiffs to assert a First Amendment Retaliation claim on the conditionthat they allege with specificity that Defendants owed them aduty (whether statutory orotherwise) to provide notice of the filing of the lien. A separate Order follows. Signed by Honorable Robert D. Mariani on 12/5/12. (jfg)
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Filing
64
MEMORANDUM OPINION - Once again, the Court orders the parties to cooperate with one another. This is the third discovery-related dispute on which the undersigned has had to intervene. The apparent animosity between the attorneys is impeding their abi lity to cooperate in the discovery process. Despite the Court's admonitions to cooperate, the parties (through their respective counsel) have persisted in engaging in petulant intransigence and pedantic opposition. If any further disputes should arise after the conclusion of this one, the Court will not look favorably on either party. This Court orders that counsel "cooperate in discovery so it can proceed without day-to-day supervision by the court."Signed by Honorable Robert D. Mariani on 5/24/12. (jfg)
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Filing
26
MEMORANDUM and ORDER granting in part and denying in part 11 Motion to Dismiss ; GRANTED re Count I of the complaint, GRANTED re all claims which accrued before 12/21/08 in Counts II and III; GRANTED re pltfs' claims for substantive due process violations as they relate dfts' alleged interference w/Correctional Care's contract w/ Lackawanna County in Count III of the Complaint ; and DENIED in all other respects.Signed by Honorable James M. Munley on 7/15/11 (sm, )
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