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06-1574 - VARGO et al v. PLUM BOROUGH et al


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06-1574 - VARGO et al v. PLUM BOROUGH et al
March 21, 2007
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REPORT AND RECOMMENDATION re 5 MOTION to Dismiss (partial) PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) re 1 Complaint, filed by PLUM BOROUGH, ROBERT PAYNE, PLUM BOROUGH POLICE DEPARTMENT, recommending that it be granted and that Counts II-III of the complaint be dismissed. Objections to R&R due by 4/4/2007. Signed by Magistrate Judge Robert C. Mitchell on 3/21/2007. (spc)
May 15, 2007
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ORDER granting 5 Defendants' Partial Motion to Dismiss, adopting Report and Recommendations re 15 Report and Recommendations. Defendants' partial motion to dismiss (Docket No. 5) is granted and Count II of the complaint is dismissed with prejudice by reason of governmental immunity. Count III is dismissed on the same grounds but without prejudice to plaintiff's ability, prior to the close of fact discovery, to seek leave of court to amend his complaint to assert a state law claim based upon willful conduct. Signed by Judge Joy Flowers Conti on 5/15/07. (smc )
October 24, 2008
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REPORT AND RECOMMENDATION re 27 MOTION for Summary Judgment filed by PLUM BOROUGH POLICE DEPARTMENT, PLUM BOROUGH, ROBERT PAYNE, and joined in by ERIC SCHLARP, DARRYL D. GRANATA, JR., DONALD LEE TEMPLE, JR., LISA A. LINN, recommending that it be granted. Objections to R&R due by 11/10/2008. Signed by Magistrate Judge Robert C. Mitchell on 10/24/2008. (spc)
November 26, 2008
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ORDER granting 27 Motion for Summary Judgment on behalf of defendants Plum Borough, Plum Borough Police Department and Robert Payne, and joined in by defendants Eric Schlarp, Darryl D. Granata, Jr., Donald Lee Temple, Jr. and Lisa A. Linn; adopting Report and Recommendations re 48 Report and Recommendations. Signed by Judge Joy Flowers Conti on 11/26/08. (smc )