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16-667 - ST. CLAIR v. BOROUGH OF NEW BRIGHTON et al


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16-667 - ST. CLAIR v. BOROUGH OF NEW BRIGHTON et al
August 18, 2016
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MEMORANDUM OPINION AND ORDER denying 8 Motion to Dismiss for Lack of Jurisdiction; and granting in part and denying in part 8 Motion to Dismiss for Failure to State a Claim. Signed by Judge Terrence F. McVerry on 08/18/16. (mcp)
April 24, 2017
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ORDER LIFTING STAY, AND DISMISSING CASE. Based on the current record, the Court has no reason to believe that Plaintiff remains interested in prosecuting this lawsuit. In any event, the case will be dismissed under Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863 (3d Cir.1984), for Plaintiff's failure to prosecute and for her failure to comply with the February 24th Order. Specifically, the Poulis factors regarding Plaintiff's personal responsibility, failure to demonstrate excusable neglect and the lack of effective, alternative sanctions favor dismissal. Signed by Judge Cathy Bissoon on 4/24/17. (dcd) Staff Note: a copy of this filing was sent today, via First-Class U.S. Mail, to Plaintiff at the address: Gwendolyn St. Clair, 1522 Fifth Avenue, New Brighton, PA 15066.
August 9, 2017
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ORDER granting 49 Motion to Approve Settlement. See L. Civ. R. 17.1.A (allowing for approval of claims of minor-child, "as the circumstances might require"). Proceeds paid on behalf of the child shall be released to Plaintiff, Gwendolyn St. Clair. See id. at 17.1.C (where proceeds are less than $10,000, Court may authorize payment to "the [child's] natural guardian"). Signed by Judge Cathy Bissoon on 8/9/17. (dcd)