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15-045 - GREEN v. FERDARKO et al


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15-045 - GREEN v. FERDARKO et al
January 13, 2017
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REPORT AND RECOMMENDATION that Defendant McCues motion to set aside default 128 be granted. It is further recommended that this Court allow Defendant McCue to file her answer nunc pro tunc. Plaintiffs motion for default judgment against McCue and Mahaney will be denied by separate Order. Objections to R&R due by 1/27/2017 Objections to R&R for Unregistered ECF Users due by 1/30/2017. Signed by Magistrate Judge Susan Paradise Baxter on 1/13/17. (lrw) (Main Document 136 replaced on 1/13/2017) (lrw)
December 6, 2017
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REPORT AND RECOMMENDATION that (1) The motion for summary judgment filed on behalf of Defendants Apadaca, Brian, Burkhart, Cole, Conrad, Estate of Bill Dombrowski, Ferdarko, Friedline, Gearhart, Gilara, Hagerty, Horton, Hulse, Jordan, Mahany, Marde, Moore, Oberlander, Siegel, Smead, Wentz and Williams 152 be GRANTED; (2) The motion for summary judgment filed on behalf of Defendant McCue 147 be GRANTED; (3) The motion for summary judgment filed on behalf of Defendants Herbick, Jin, Maxa and Stroup 143 be GRANTED;(4) Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and the factors set forth in Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir.1984), it is recommended that Defendants Abraham and PA Maddie be dismissed from this action without prejudice; and (5) The Motion with New Matter filed by Plaintiff 170 be GRANTED, but that summary judgment as the claims asserted therein be entered in favor of Defendants Friedline, Smead and Gilara. In light of the recommendation that summary judgment be granted as to all federal claims, and that Defendants Maddie and Abraham be terminated from the docket of this action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, it is further recommended that the Court decline to exercise supplemental jurisdiction over any remaining state law claims, and thatsuch claims be dismissed without prejudice. The Clerk should be directed to close this case. Objections to R&R due by 12/20/2017. Objections to R&R for Unregistered ECF Users due by 12/23/2017. Signed by Magistrate Judge Susan Paradise Baxter on 12/6/17. (lrw)
April 30, 2018
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MEMORANDUM ORDER: The motion for summary judgment 152 filed on behalf of Defendants Apadaca, Brian, Burkhart, Cole, Conrad, Estate of Bill Dombrowski, Ferdarko, Friedline, Gearhart, Gilara, Hagerty, Horton, Hulse, Jordan, Mahany, Marde, Moore, Oberlander, Siegal, Smead, Wentz and Williams is GRANTED; The motion for summary judgment 147 filed on behalf of Defendant McCue is GRANTED; The motion for summary judgment 143 filed on behalf of Defendants Herbick, Jin, Maxa, and Stroup is GRANTED; Defendants Abraham and PA Maddie are DISMISSED WITHOUT PREJUDICE; Plaintiff's Motion with New Matter 170 is GRANTED, however, summary judgment as to the claims asserted therein is GRANTED in favor of Defendants Friedline, Smead, and Gilara. The Court declines to exercise supplemental jurisdiction over any state law claims and any such remaining claims are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to mark this case CLOSED. Signed by Judge Arthur J. Schwab on 4/30/2018. (eet)