Estate of Raymond J. Guziewicz et al v. Magnotta
| Estate of Raymond J. Guziewicz and Steven J. Guziewicz |
| Renee P. Magnotta |
| 3:2014cv01742 |
| September 8, 2014 |
| U.S. District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Thomas M. Blewitt |
| A. Richard Caputo |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
101
ORDER (memorandum filed previously as separate docket entry). (1) The Report and Recommendation 93 is ADOPTED. (2) Defendants Motion for Summary Judgment 79 is DENIED. (3) Plaintiffs state law claim for abuse of process (Counts IV, VII of the Ame nded Complaint) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (4) Plaintiffs claims for false arrest under 42 U.S.C. § 1983 (Counts II, VII of the Amend ed Complaint) and intentional infliction of emotional distress under state law (Counts V, VII of the Amended Complaint) are DISMISSED with prejudice as legally frivolous and for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. §§1915(e)(2)(B)(i), (ii). (5) The Matter is placed on this Courts September 2019 trial list.Signed by Honorable A. Richard Caputo on 7/3/19. (dw)
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Filing
56
MEMORANDUM (Order to follow as separate docket entry) re 53 Appeal of Magistrate Judge Saporito's January 25, 2017 Order granting in part Plaintiffs' Motion for Leave to file an Amended Complaint. Signed by Honorable A. Richard Caputo on 4/5/17. (jam)
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Filing
51
ORDER: IT IS HEREBY ORDERED THAT: 1. Plaintiffs' motion for leave to amend the complaint (Doc. 30) is GRANTED in part and DENIED in part. 2. The motion to amend the complaint (Doc. 30) is GRANTED as to Counts I-V inclusive. 3. The motion to am end the complaint (Doc. 30) is DENIED as to Count VI. 4. The plaintiffs shall file an amended complaint consistent with this Order within 7 days. 5. Plaintiffs' motion to stay proceedings (Doc. 37) is DENIED as moot. 6. Plaintiffs' motion to clarify (Doc. 49) is DENIED as moot. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/25/17 (jam)
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Filing
47
ORDER ADOPTING IN PART and REJECTING IN PART REPORT AND RECOMMENDATIONS ; Defendant's Motion to Dismiss Counts III, IV, and V of Plaintiffs' Complaint is DENIED. Defendant's Motion to Dismiss Count VI of Plaintiffs' Complaint is GRANTED. The claims in Count VI are DISMISSED with prejudice. The matter is RECOMMITTED to Magistrate Judge Saporito for further proceedings. Signed by Honorable A. Richard Caputo on 9/30/16. (jam)
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Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Defendant's Motion to Dismiss Counts III-VI of Plaintiffs' Complaint (Doc. 25) is GRANTED. Plaintiffs' state law tort claims in Counts III-VI of the Complaint (Doc. 1) are DISMISSED with prejudice. The matter is RECOMMITTED to Magistrate Judge Saporito. Signed by Honorable A. Richard Caputo on 4/12/16. (jam)
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