Lewton et al v. Divingnzzo et al

Filing 166

MEMORANDUM AND ORDER - Divingnzzos' Amended Motion for Summary Judgment 133 is denied; The attorney defendants' motion for summary judgment 130 is granted as to Christopher Perrone and Bianco, Perrone & Stroh, LLC; Plaintiffs' Moti on for partial summary judgment 135 is granted as to the plaintiffs' claims under 18 U.S.C. § 2520(a). Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Wats on and Tammy Jones are each awarded statutory damages of $10,000 as against defendant Dianna Divingnzzo. Pursuant to 18 U.S.C. § 2520(c)(2)(B), plaintiffs William Duane Lewton, Adrianne Stang, Jennifer Holtberg, Rob Formanek, Rita Watson a nd Tammy Jones are each awarded statutory damages of $10,000 as against defendant Sam M. Divingnzzo. The court declines to award punitive damages under 18 U.S.C. § 2520(b)(2). Pursuant to 28 U.S.C. § 1367(c), this court declines to e xercise Supplemental Jurisdiction over the plaintiffs' state law claims. Plaintiffs' claims for violations of Neb. Rev. Stat. § 86-2,103 et seq., invasion of privacy, and mental suffering, are dismissed without prejudice to the plaint iffs seeking relief in state court. Plaintiffs' motion in limine 115 , Divingnzzos' Motion to Overrule Plaintiff's Objections to Subpoenas 112 and plaintiffs' Motion to Compel and for Discovery Order 156 are denied as moot. Pursuant to 18 U.S.C. § 2520(b)(3), the plaintiffs may recover "a reasonable attorney's fee and other litigation costs reasonably incurred" in the prosecution of their claims under the Federal Wiretap Act. Plaintiffs are granted leave to file a Motion for Attorney Fees, to be filed no later than 3/15/2011. The defendants shall respond within the time allowed by NECivR 7.0.1(b)(1)(B). A separate judgment will be entered after the matter of attorney's fees is decided.Ordered by Magistrate Judge F.A. Gossett. (CLS, )