Occhipinti et al v. Bauer et al
| Joseph Occhipinti and Michelle Occhipinti |
| Lisa M. Bauer, Lackawanna County, Stephanie L. Tigue and Andrew J. Jarbola, III |
| 3:2013cv01875 |
| July 10, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| James M. Munley |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
68
ORDER (memorandum filed previously as separate docket entry), SCHEDULING ORDER. IT IS HEREBY ORDERED THAT Motion (Doc. 58) is GRANTED IN PART AND DENIED IN PART as follows: 1.The Defendants Motion is DENIED with respect to Counts I and II of Plainti ffs Complaint.2.The Defendants Motion is GRANTED with respect to Plaintiffs section 1983 claim for misuse/abuse of process against Defendant Bauer found in Count III of Plaintiffs Complaint. The Clerk of the Court is directed to enter judgment IN FA VOR of Defendant Bauer and AGAINST the Plaintiffs on this Count. 3.The Defendants Motion is GRANTED to the extent that Count VI asserts a section 1983 claim for misuse/abuse of process against Defendant Tigue. The Clerk of the Court is directed to enter judgment IN FAVOR of Defendant Tigue and AGAINST the Plaintiffs on Plaintiffs section 1983 claim for misuse/abuse of process. 4.The Defendants Motion is DENIED with respect to Plaintiffs section 1983 claims for false arrest against ADA Tigue f ound in Count VI of Plaintiffs Complaint.5.The Defendants Motion is GRANTED to the extent that Count VIII asserts a state law claim for misuse/abuse of process against Defendant Bauer. The Clerk of the Court is directed to enter judgment IN FAVOR of Defendant Bauer and AGAINST the Plaintiffs on Plaintiffs claim for misuse/abuse of process. 6.The Defendants Motion is DENIED with respect to Plaintiffs state law claims for false arrest and malicious prosecution against Detective Bauer found in Co unt VIII of Plaintiffs Complaint.IT IS FURTHER ORDERED THAT a telephone scheduling conference will be held on Monday, August 28, 2017 at 11:30 a.m. to schedule this case for trial. Counsel for Plaintiffs is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 8/14/17. (jam)
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Filing
54
ORDER 1. The Report and Recommendation (Doc. 45) is ADOPTED for the reasons stated therein. 2. Plaintiffs' Objections (Doc. 47) are OVERRULED. 3. Defendants' Objections (Doc. 48) are OVERRULED. 4. Defendants' Motion for Summary Judgmen t is GRANTED IN PART AND DENIED IN PART as follows: a. With respect to Counts IV, V, VII, and IX of the Complaint (Doc. 1), Defendants' Motion for Summary Judgment (Doc. 33) is GRANTED. b. With respect to Counts I, II, III, VI, and VIII of the C omplaint (Doc. 1), Defendants' Motion for Summary Judgment (Doc. 33) is DENIED WITHOUT PREJUDICE to refile on the issues of absolute and qualified immunity. i. Defendants may refile no later than twenty-eight (28) days from the date of this order. Signed by Honorable Robert D. Mariani on 9/30/16. (jfg)
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