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Eastern District of Pennsylvania
The most recent opinions.
The most recent opinions from the United States District Court for the Eastern District of Pennsylvania.
Query matched 25 files. Now showing files 1 to 25.
# 1.
File: 10d0211p.pdf    Size:277884
Last Modified: 03/09/2010
Excerpt: 1. DLL's complaint also originally included a separate claim for injunctive relief, which this court dismissed. The prayer for injunctive relief in connection with the other claims, of course, remains. DE LAGE LANDEN OPERATIONAL : CIVIL ACTION SERVICES, LLC : v. : THIRD PILLAR SYSTEMS, INC. : NO. 09-2439 MEMORANDUM INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW Bartle, C.J. March 5, 2010 Plaintiff De Lage Landen Op ...
# 2.
File: 10s0211p.pdf    Size:277884
Last Modified: 03/09/2010
Excerpt: 1. DLL's complaint also originally included a separate claim for injunctive relief, which this court dismissed. The prayer for injunctive relief in connection with the other claims, of course, remains. DE LAGE LANDEN OPERATIONAL : CIVIL ACTION SERVICES, LLC : v. : THIRD PILLAR SYSTEMS, INC. : NO. 09-2439 MEMORANDUM INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW Bartle, C.J. March 5, 2010 Plaintiff De Lage Landen Op ...
# 3.
File: 10d0210p.pdf    Size:452573
Last Modified: 03/09/2010
Excerpt: 1 Defendants Huntsman and Huntsman Polyurethanes were dismissed without prejudice by stipulation on March 23, 2007. Defendant Modine reached a settlement with the Plaintiff class, which the Court approved. Accordingly, Rohm and Haas Company, Rohm and Haas Chemicals, LLC, and Morton International, Inc. (collectively, “Rohm and Haas” are the only remaining defendants actively opposing class certification at this stage. GL ...
# 4.
File: 10d0209p.pdf    Size:149556
Last Modified: 03/08/2010
Excerpt: 1 KEVIN WYATT, : CIVIL ACTION Petitioner, : No. 2:08-cv-00614 v. : DAVID DIGUGLIELMO, et. al. Respondents. : Memorandum YOHN, J. March 4, 2010 Petitioner, Kevin Wyatt, seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. On January 26, 2004, a state trial court sentenced Wyatt to ten- to twenty-years’ imprisonment after he pleaded guilty to third-degree murder, a sentence that was to run consecutively to two te ...
# 5.
File: 10d0208p.pdf    Size:10558
Last Modified: 03/08/2010
Excerpt: UNITED STATES OF AMERICA : v. : COREY NATHANIEL HUSBANDS : CR. NO. 07-38-07 RONNELLE MCMILLIAN : CR. NO. O7-38-08 JAVILLE LAMONT GORDON : CR. NO. 07-38-12 CLYDE THOMAS HULL : CR. NO. 07-38-16 KAREEM SHAHEER : CR. NO. 07-38-20 MEMORANDUM AND ORDER In all of the above-captioned cases, the Defendants have filed a Motion for Severance, and in some cases for Misjoinder. Having reviewed these Motions, and the Government’s Res ...
# 6.
File: 10d0207p.pdf    Size:81717
Last Modified: 03/08/2010
Excerpt: 1 See United States v. Parrott, No. 09-245, 2009 WL 4043292 (E.D. Pa. Nov. 20, 2009) UNITED STATES OF AMERICA : CRIMINAL ACTION v. : NO. 09-245 PHILLIP PARROTT : SURRICK, J. MARCH 4 , 2010 MEMORANDUM Presently before the Court is Defendant’s Motion for Judgment of Acquittal and/or a New Trial. (Doc. No. 51. For the following reasons, Defendant’s Motion will be denied. I. PROCEDURAL BACKGROUND On April 14, 2009, a gran ...
# 7.
File: 10d0206p.pdf    Size:21051
Last Modified: 03/08/2010
Excerpt: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT MCQUILKIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. MISCELLANEOUS ACTION No. 08-186 MEMORANDUM Petitioner Robert McQuilkin, via a Motion Pursuant to the All Writs Act, has asked this court to issue a writ of audita querela granting him relief from his judgment of sentence pursuant to United States v. Booker, 543 U.S. 220 (2005) When a “claim is cognizable under [28 U.S.C. § 2255, however, “relief via a petit ...
# 8.
File: 10d0205p.pdf    Size:16410
Last Modified: 03/08/2010
Excerpt: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. HITHAM ABUHOURAN CRIMINAL ACTION No. 95-560-01 MEMORANDUM On February 10, 2000, defendant Hitham Abuhouran filed a motion for postconviction relief pursuant to 28 U.S.C. § 2255. This court denied that motion on November 26, 2002. Defendant filed a second motion under § 2255 on January 3, 2006, which this court denied as a second or successive petition on June 28, 2006. Defendant has now filed a thir ...
# 9.
File: 10d0204p.pdf    Size:238837
Last Modified: 03/08/2010
Excerpt: 1 WARREN PUBLISHING COMPANY and : JAMES WARREN, : Plaintiffs, : CIVIL ACTION v. : No. 08-3399 J. DAVID SPURLOCK d/b/a : VANGUARD PRODUCTIONS, : Defendant. : MEMORANDUM RE: DEFENDANT’S MOTION FOR ATTORNEY FEES Baylson, J. March 3, 2010 I. Introduction Plaintiffs James Warren and the Warren Publishing Company, of which James Warren is president and sole shareholder (collectively, “Plaintiffs” commenced this copyright in ...
# 10.
File: 10d0203p.pdf    Size:57428
Last Modified: 03/08/2010
Excerpt: CRADLE OF LIBERTY COUNCIL, INC. : CIVIL ACTION BOY SCOUTS OF AMERICA, : Plaintiff, : NO. 08-2429 v. : THE CITY OF PHILADELPHIA, : Defendant. : MEMORANDUM BUCKWALTER, S. J. March 2, 2010 Currently at issue in this case are the Supplemental Memoranda of Defendant City of Philadelphia (the City” and Plaintiff Cradle of Liberty Council, Inc. Boy Scouts of America Cradle of Liberty” on whether the Court should require th ...
# 11.
File: 10d0202p.pdf    Size:112163
Last Modified: 03/05/2010
Excerpt: 1 Plaintiff incorrectly named Defendant as “PFPC, Inc. in the Amended Complaint. 2 In his Amended Complaint, Robinson asserts that he was: 1) discriminated against because of his gender in violation of Title VII (Count I) and (2) discriminated against because of his gender in violation of the Pennsylvania Human Relations Act Count II) 1 JEFFREY ROBINSON, : CIVIL ACTION NO. 08-5113 Plaintiff, : v. : PFPC, INC. : Def ...
# 12.
File: 10d0201p.pdf    Size:33890
Last Modified: 03/05/2010
Excerpt: 1 IN THE UNTIED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT J. DUDASH, et al : CIVIL ACTION v. : SAXON MORTGAGE SERVICES, INC. et al : NO. 09-2584 Goldberg, J. March 3, 2010 MEMORANDUM OPINION The primary issue in deciding Defendant’s Motion to Dismiss in this Truth in Lending Act case iswhether notice that themortgage interest ratewould be increasingwas timely sent to Plaintiff according to the Act. Because we find that Defendant did comply with the Act, its Motion w ...
# 13.
File: 10d0200p.pdf    Size:26456
Last Modified: 03/05/2010
Excerpt: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. ROBERT MCQUILKIN CRIMINAL ACTION No. 94-356-01 MEMORANDUM On June 1, 2009, defendant Robert McQuilkin filed a motion seeking a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)2) which allows this court to “modify a term of imprisonment” “in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencin ...
# 14.
File: 10d0199p.pdf    Size:10064
Last Modified: 03/05/2010
Excerpt: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MELVIN KEITH RICHARDSON, Petitioner, v. JOSEPH PIAZZA, et al. Respondents. CIVIL ACTION No. 07-2065 MEMORANDUM/ORDER Petitioner Melvin Keith Richardson has filed a notice of appeal from this court’s order dismissing his petition for a writ of habeas corpus, and seeks leave to proceed with that appeal in forma pauperis. Pursuant to Rule 24(a)1) of the Federal Rules of Appellate Procedure, petitioner must submit “an affidavit th ...
# 15.
File: 10d0198p.pdf    Size:116935
Last Modified: 03/05/2010
Excerpt: 1 In her complaint and amended complaint, the plaintiff named “Toll Brothers, Inc. as the defendant. The defendant clarifies that its correct identification is “Toll Bros. Inc. The Court will use the defendant’s clarification for purposes of identification. LYNNE MAROTTA : CIVIL ACTION v. : TOLL BROTHERS, INC. : NO. 09-2328 MEMORANDUM McLaughlin, J. March 3, 2010 The plaintiff, Lynne Marotta, brought suit against her ...
# 16.
File: 10d0197p.pdf    Size:71704
Last Modified: 03/05/2010
Excerpt: 1 The Reading Hospital and Medical Center correctly points out that it is the only properly-named defendant in this action. The Post-Acute Continuum and the Transitional Care Center are not legal entities separate from the Reading Hospital and Medical Center. As such, I will strike them as defendants in this action, and refer to the defendant in the singular. 2 The record contains a petition for grant of letters filed byMiss Mattola with the Register of Wills of Berks County. On February 3, 2009 ...
# 17.
File: 10d0196p.pdf    Size:162695
Last Modified: 03/05/2010
Excerpt: GARY IRVING REYNOLDS : CIVIL ACTION v. : FEDERAL BUREAU OF PRISONS, : et al. : NO. 09-3096 MEMORANDUM Bartle, C.J. March 2, 2010 On August 5, 2009, the plaintiff, Dr. Gary Irving Reynolds, filed his original complaint against defendants, the Federal Bureau of Prisons (BOP" Office of Inspector General and Eric L. Holder, Dr. Odeida Dalmasi, Dr. Newton Kendig, Michael Nelson, Dr. John Manenti, Tracey Brown, Bruce Blackm ...
# 18.
File: 10d0195p.pdf    Size:40860
Last Modified: 03/04/2010
Excerpt: 1 Supervisor Defendants also moved to strike the Amended Complaint, and the Court denied this motion on July 15, 2009. 2 The Court accepts Plaintiffs’ factual allegations as true for the purposes of deciding the instant motion. See Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) 1 ROGER SNYDER and EARL KEAN : CIVIL ACTION v. : No. 08-5217 CHARLES M. KRAUS, III et al. : MEMORANDUM Juan R. Sanchez, J. ...
# 19.
File: 10d0194p.pdf    Size:99381
Last Modified: 03/04/2010
Excerpt: CESAR ESTRELLA : CIVIL ACTION v. : MICHAEL J. ASTRUE : NO. 08-5804 MEMORANDUM Padova, J. March 2, 2010 PlaintiffCesar Estrella filed this action, seeking judicial reviewof the decision ofDefendant, Social SecurityCommissionerMichaelAstrue (Commissioner”which denied his claimfor Social Security Disability (DIB” benefits. After Plaintiff filed his Brief and Statement of Issues in Support of Request for Review, we referr ...
# 20.
File: 10d0193p.pdf    Size:75182
Last Modified: 03/04/2010
Excerpt: 1 DE LAGE LANDEN FINANCIAL : SERVICES, INC. : CIVIL ACTION Plaintiff/Counterclaim : Defendant : NO. 08-0533 v. : RASA FLOORS, LP, : Defendant/Counterclaim : Plaintiff, Third Party Plaintiff : v. : 3COM CORP. and CAPITAL 4, INC. : Third Party Defendants and : Defendants on the : Counterclaim. : DE LAGE LANDEN FINANCIAL : SERVICES, INC. : v. : NORTH CENTRAL COMMUNICATIONS : CORPORATION, : Third Party Defendant on : Count ...
# 21.
File: 10d0192p.pdf    Size:65151
Last Modified: 03/04/2010
Excerpt: 1 The dictionary defines “chicanery” as “1: deception by artful subterfuge or sophistry: TRICKERY 2: a piece of sharp practice (as at law) TRICK. Merriam-Webster’s Collegiate Dictionary 197 (10th ed. 2001) 1 URBAN OUTFITTERS, INC. et al. : CIVIL ACTION v. : BCBG MAX AZRIA GROUP, INC. et al. : NO. 06-4003 MEMORANDUM RE: REMAND FROM THE THIRD CIRCUIT Baylson, J. March 2, 2010 In this trademark infringement case, the Court ...
# 22.
File: 10d0191p.pdf    Size:89307
Last Modified: 03/04/2010
Excerpt: 1 In review of Defendants’ Motion, the Court accepts all allegations in, and reasonable inferences drawn from, theComplaint as true and views themin the lightmost favorable to Brown. In reMerck Co. Inc. Secs. Derivative & ERISA Litig. 543 F.3d 150, 160 (3d Cir. 2008) SHAUN BROWN : CIVIL ACTION v. : No. 08-4259 MONTGOMERY COUNTY, et al. : MEMORANDUM Juan R. Sánchez, J. February 24, 2010 Shaun Brown asserts his employm ...
# 23.
File: 10d0190p.pdf    Size:103660
Last Modified: 03/04/2010
Excerpt: 1 King Drug Company of Florence, Inc. et al. v. Cephalon, Inc. et al. 2:06-cv-1797 The King Drug Direct Purchaser Class Action; Vista Healthplan, Inc. et al. v. Cephalon, Inc. et al. 2:06-cv-1833 - The Vista Healthplan End Payor Class Action; Apotex, Inc. v. Cephalon, Inc. et al. 2:06-cv-2768 - The Apotex Litigation; and Federal Trade Commission v. Cephalon, Inc. 2:08-cv-2141 - The F.T.C. Litigation. 1 APOTEX, INC. : ...
# 24.
File: 10d0189p.pdf    Size:90730
Last Modified: 03/04/2010
Excerpt: LAURA WHITE : CIVIL ACTION v. : MICHAEL J. ASTRUE : NO. 08-4486 MEMORANDUM Padova, J. February 19, 2010 Plaintiff LauraWhite filed this action, seeking judicial review of the decision of Defendant, Social SecurityCommissionerMichaelAstrue (Commissioner” ,which denied her claimforSocial Security Disability (DIB” benefits. After Plaintiff filed a Motion for Summary Judgment or Remand (the “Motion” we referred the matter ...
# 25.
File: 10d0188p.pdf    Size:51152
Last Modified: 03/03/2010
Excerpt: 1 Defendant has also filed a Notice of Appeal of our November 24 Memorandum and Order and has requested a certificate of appealability from the Third Circuit pursuant to 28 U.S.C. § 2253(c)2) UNITED STATES OF AMERICA : CRIMINAL ACTION v. : BINH CAM TRAN : NO. 06-536 MEMORANDUM Padova, J. March 2, 2010 Pro se Defendant Binh Cam Tran asks that we reconsider our November 24, 2009 Memorandum and Order dismissing his Motio ...
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