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04-1581 - STRAIN v. BOROUGH OF SHARPSBURG, et al


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04-1581 - STRAIN v. BOROUGH OF SHARPSBURG, et al
July 19, 2005
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REPORT AND RECOMMENDATIONS, recommending that District Court grant in part and deny in part Motion to Dismiss (Doc. 7) filed by BOROUGH OF SHARPSBURG, PENNSYLVANIA, RICHARD C. PANZA, JOSEPH P. PANZA, LARRY STELITANO, EILEEN RAPINO, VINCENT F. SACCO, ALBERT PAT ASTORINO, MARIO FERRARO, ROXANE MAGNELLI, ROBERT STAPF. Objections to R&R due by 8/4/2005. Response to objections due by 8/15/2005. Signed by Judge Francis X. Caiazza on 7/19/05. (hh)
July 25, 2005
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ORDER adopting 11 Report and Recommendation as opinion of the court, granting in part and denying in part 7 Motion to Dismiss; plaintiff's federal causes of action are dismissed with prejudice and the remaining state law claims are dismissed without prejudice to refiling in the appropriate state court. Signed by Judge Gary L. Lancaster on 7/22/05. (map)
June 28, 2006
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REPORT AND RECOMMENDATIONS re 21, MOTION TO DISMISS THE AMENDED COMPLAINT filed by BOROUGH OF SHARPSBURG,PENNSYLVANIA, RICHARD C. PANZA, JOSEPH P. PANZA, LARRY STELITANO, EILEEN RAPINO, VINCENT F. SACCO, ALBERT PAT ASTORINO, MARIO FERRARO, ROXANE MAGNELLI,ROBERT STAPF. The MOTION is GRANTED as to Count I (with prejudice); DENIED as to Counts II and III, and DEFERRED with respect to Counts IV and V. Objections to R&R due by 7/14/2006; Response to Objections due by 7/24/2006. Signed by Judge Francis X. Caiazza on 6/28/06. (ssn)
July 25, 2006
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MEMORANDUM ORDER granting 21 Motion to Dismiss, with prejudice, as to Count I, denying motion as to Counts II and III, deferring motion as to the pendent state law claims in Counts IV and V and adopting 25 Report and Recommendation as the opinion of the court . Signed by Judge Gary L. Lancaster on 7/24/06. (map)
August 31, 2006
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MEMORANDUM ORDER denying 34 Motion for Reconsideration . Signed by Judge Gary L. Lancaster on 8/30/06. (map)
October 24, 2006
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MEMORANDUM AND OPINION re 39 MOTION to Amend/Correct 19 Amended Complaint Identifying Two Additional Legal Theories of Recovery filed by HOWARD P. STRAIN, The MOTION TO FILE SECOND AMENDED COMPLAINT (Doc 39 ), filed by the plaintiff, Howard Strain, seeking to add claims for malicious prosecution and abuse of process pursuant to 42 U.S.C. sec. 1983, is GRANTED. The Second Amended Complaint (Doc. 39 Ex. 2) is deemed filed. Defendants shall have until November 13, 2006 to file an answer. Signed by Judge Francis X. Caiazza on 10/24/06. (jhi)
April 26, 2007
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Amended REPORT AND RECOMMENDATIONS (amending Doc 114- REPORT AND RECOMMENDATIONS re 60 MOTION for Partial Summary Judgment, Plaintiff's Abuse of Process Claim filed by HOWARD P. STRAIN, and 64 MOTION for Summary Judgment filed by Defendants BOROUGH OF SHARPSBURG, PENNSYLVANIA, RICHARD C. PANZA, JOSEPH P. PANZA, LARRY STELITANO, EILEEN RAPINO, VINCENT F. SACCO, ALBERT "PAT" ASTORNIO, MARIO FERRARO, ROXANNE MAGNELLI, and ROBERT STAPF.) It is recommended that the Plaintiff's Motion for Partial Summary Judment and the Defendant's Motion for Summary Judgment as to Count IV, the abuse of process claim, be DENIED. It is further recommended that the Defendants' Motion for Summary Judgment be DENIED as to Count II, the equal protection claim, with respect to Defendant Borough of Sharpsburg only. It is further recommended that the Defendants'Motion for Summary Judgment be DENIED as to Count VI, the state breach of contract claim. Last, it is recommended that the Defendants' Motion for Summary Judgment be granted with respect to all remaining claims.Objections to R&R are due by 5/11/2007. Responses to Objections are due by May 21, 2007.Signed by Judge Francis X. Caiazza on April 26, 2007. (ssn)
June 4, 2007
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MEMORANDUM ORDER granting in part 64 Motion for Summary Judgment as to as to Counts I, III and V of the Second Amended Complaint and the claims as to the individual defendants in Count II, denying in part 64 Motion for Summary Judgment as to defendant Borough of Sharpsburg in Count II and as to all defendants in Count IV, denying 60 Motion for Partial Summary Judgment, and adopting 116 Report and Recommendation as the opinion of the court. Signed by Judge Gary L. Lancaster on 6/4/07. (map)
April 21, 2008
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MEMORANDUM and ORDER granting 144 Motion in Limine to Preclude Plaintiff's Claims for Damages for Front Pay and Back Pay, granting 145 Motion in Limine to Preclude Evidence of Income Tax Consequences at Trial, and denying 180 Motion for Reconsideration. Signed by Judge Gary L. Lancaster on 4/21/08. (map)
April 21, 2008
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ORDER denying as moot 184 Motion to Intervene. Signed by Judge Gary L. Lancaster on 4/21/08. (map)
April 21, 2008
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ORDER denying 187 Motion for Certification of Interlocutory Appeal Under 28 U.S.C. 1292(b). Signed by Judge Gary L. Lancaster on 4/21/08. (map)
April 29, 2008
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ORDER directing Clerk to mark CASE CLOSED pending submission of stipulation of discontinuance. Signed by Judge Gary L. Lancaster on 4/29/08. (map)
May 19, 2008
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ORDER granting 195 Stipulation of Dismissal, 196 Stipulation of Dismissal and 197 Stipulation of Dismissal; Defendants MARIO FERRARO, ALBERT "PAT" ASTORINO and EILEEN RAPINO are hereby dismissed with prejudice. Signed by Judge Gary L. Lancaster on 5/19/08. (map)
June 30, 2008
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ORDER granting 199 Stipulation of Dismissal with Prejudice. Signed by Judge Gary L. Lancaster on 6/03/08. (map)