Montalvan et al v. Neville's Mobile Home Court, LLC
| Roy Montalvan and Louise Ann Montalvan |
| William Neville and Marlene Neville |
| 3:2011cv00850 |
| May 4, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Wayne |
| Richard P. Conaboy |
| Environmental Matters |
| 33 U.S.C. ยง 1365 Environmental Matters |
| Defendant |
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Filing
92
ORDER granting in part and denying in part 77 Plaintiffs' First Amended Motion for Contempt as follows: Defendant Neville's Mobile Home Court, LLC, is hereby in contempt of court for failure to comply with the terms of the 2012 Consent Order and Agreement (Doc. 24) by failing to install a "new" or "replacement" sewage system. On or before, but no later than April 1, 2021, Neville's Mobile Home Court, LLC, shall cease all operations of the mobile home court and shall cease all rental of spaces for trailers. Plaintiff's request that the Court assess penalties against Defendant for failure to meet the time limits imposed by the COA and for damages incurred in the amount of $79,00 is DENIED. Within 30 days of the date of this Order, Plaintiffs may file a motion for attorney's fees against Defendant. Signed by Honorable Robert D. Mariani on 6/15/20 (jam)
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Filing
72
ORDER: IT IS HEREBY ORDERED THAT: Defendant's procedural defenses set forth in its "Brief in Opposition to Plaintiffs' (Amended) Motion for Contempt (Doc. 65) are DENIED. Defendant's affirmative defenses of accord and satisfacti on, the doctrine of laches, and that the plaintiffs lack standing to pursue this action are DENIED WITHOUT PREJUDICE. Defendant's affirmative defense that this action is barred by the statute of limitations is DENIED WITH PREJUDICE. All fact discovery shall be completed within 45 days. Plaintiff's 60 Motion for Contempt is DENIED WITHOUT PREJUDICE. Signed by Honorable Robert D. Mariani on 3/13/19 (jam)
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Filing
59
ORDER granting 41 Motion to Substitute Party. Neville's Mobile Home Court, LLC is SUBSTITUTED as the Defendant in the above-captoned action in place of William Neveille and Marlene Neville t/d/b/a Neville's Moile Home Park. Signed by Honorable Robert D. Mariani on 3/27/18 (jam)
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