COLLURA v. FORD et al

Filing 68

ORDERED THAT THE FOLLOWING MOTIONS ARE DECIDED AS FOLLOWS: DOCKET NO. 18 IS GRANTED. DOCKET NO. 21 IS DENIED WITH PREJUDICE. DOCKET NO. 39 IS DENIED. DOCKET NO. 48 IS DENIED. DOCKET NO. 57 IS GRANTED IN PART AND DENIED IN PART. DOCKET NO. 58 IS DENIED. DOCKET NO. 59 IS DENIED. DOCKET NO. 61 IS DENIED. DEFENDANTS SHALL FILE THEIR ANSWER TO MR. COLLURA'S COMPLAINT BY JULY 18, 2014. PLEASE SEE THE ORDER FOR FURTHER CLARIFICATION. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/14/14. 7/15/14 ENTERED AND COPIES MAILED AND E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JASON COLLURA,
Plaintiff,
v.
NICHOLAS JAMES FORD et al.,
Defendants.

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CIVIL ACTION

No. 13-4066

ORDER
AND NOW, this 14th day of July, 2014, upon consideration of the following pending
motions in this case and the parties’ briefing in support of or opposition to those motions, and for
the reasons set out in today’s Memorandum (Docket No. 67), the Court hereby ORDERS and
DECREES as follows:
1.

Nicolas Ford, Mary Politano, Steffan Boyd, Steven Austin, Deputy Chief Charles
Hoyt, and Chief Robert Malvesuto’s (“Defendants”) “Motion to Set Aside
Application for Entry of Default” (Docket No. 18) is GRANTED such that—
a. The Clerk of Court’s entry of default in favor of Mr. Collura and against
the Defendants is SET ASIDE; and
b. Mr. Collura’s Motion for Default Judgment (Docket No. 21) is,
accordingly, DENIED with prejudice;

2.

Mr. Collura’s “Motion for Full or Partial Judgment on the Pleadings” (Docket
No. 58) is DENIED;

3.

Mr. Collura’s “Motion to Strike Waived ‘Affirmative Defenses’ in Above
Defendants Untimely ‘Amended Proposed Answer’” (Docket No. 57) is
GRANTED IN PART and DENIED IN PART such that—
a. The following “defenses” are stricken from the Amended Proposed
Answer (“APA,” Supplemental Submission, Ex. 1 (Docket No. 51)),

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without prejudice to the Defendants’ renewing such defenses if they do so
consistent with the analysis in today’s Memorandum:
i. Rooker–Feldman and res judicata (APA ¶ 1);
ii. Laches, waiver, estoppel, and unclean hands (APA ¶ 7);
iii. Statute of limitations (APA ¶ 8);
iv. Heck (APA ¶ 11);
v. Lack of proximate cause (APA ¶ 15);
vi. Mr. Collura’s alleged failure to mitigate (APA ¶ 17); and
vii. The defense that Mr. Collura’s injuries were allegedly caused by
his own negligent, wanton, reckless, or criminal conduct (APA
¶ 18);
b. The following “defenses” are NOT stricken:
i. Younger abstention (APA ¶ 2);
ii. Failure to state a claim (APA ¶¶ 3 & 4);
iii. Absolute and qualified immunity (APA ¶¶ 5 & 6); and
iv. The conclusions of law that the Defendants “have acted in a
reasonable, proper, and lawful manner, and, where required, with
probable cause”; that Mr. Collura “cannot recover punitive
damages against” them; that Mr. Collura “is not entitled to
declaratory and/or injunctive relief against” them; and that Mr.
Collura “has suffered no legally cognizable injury, harm, loss, or
damage upon which relief can be granted” (APA ¶¶ 12–14, 16);
c. As reiterated in the Scheduling Order entered this same date, the
Defendants shall file their “Answer” to Mr. Collura’s Complaint by
Friday, July 18, 2014; and, further,
d. In filing their Answer, Defendants shall take care that any documents
containing Mr. Collura’s medical or mental health information are
submitted UNDER SEAL;

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4.

Mr. Collura’s Motion for Reconsideration (both Docket Nos. 48 and 62) is
DENIED;

5.

Mr. Collura’s “Motion to Strike and Destroy Scandalous, Impertinent, Erroneous,
Material” (Docket No. 59) is DENIED;

6.

Mr. Collura’s “Motion to Invoke Judicial Estoppel Disqualify Archer and
Greiner” (Docket No. 61) is DENIED; and

7.

Mr. Collura’s Motion for ECF Account (Docket No. 39) is DENIED.

IT IS SO ORDERED.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

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