BURGOS v. NUTTER et al

Filing 122

MEMORANDUM AND ORDER THAT CITY DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. CORIZON'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. BURGOS' MOTION FOR SANCTIONS IS GRANTED. HEREBY ORDERED THAT T HIS CASE IS REFERRED TO MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS FOR REPORT AND RECOMMENDAITON ON THE SANCTIONS TO BE IMPOSED. THE PARTIES SHALL REPORT TO THE UNITED STATES COURTHOUSE, 601 MARKET STREET, COURTROOM 3F ON 2/24/20 AT 2:00PM. PLAINTIFF DAVID BURGOS INMATE #LJ5951 SHALL PARTICIPATE BY VIDEOCONFERENCE TO BE ARRANGED WITH THE APPROPRIATE AUTHORITIES AT SCI RETREAT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/11/20. 2/12/20 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DAVID BURGOS
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 13-4894
:
CITY OF PHILADELPHIA, et al.
:
Defendants.
:
____________________________________:
ORDER
AND NOW, this 11th day of February 2020, upon consideration of Defendant Corizon
Health, Inc.’s Motion for Summary Judgment [Doc. No. 105], the City of Philadelphia, John
Delaney, Louis Giorla, and Michele Farrell’s (“City Defendants”) Motion for Summary
Judgment [Doc. No. 106], Plaintiff David Burgos’s Motion for Sanctions [Doc. No. 100], and the
responses thereto, it is hereby ORDERED as follows:
1) The City Defendants’ Motion for Summary Judgment is GRANTED.
2) Corizon’s Motion for Summary Judgment is GRANTED in part and DENIED in
part. The Motion is denied as to Burgos’s claims based on Corizon’s failure to adopt
a scabies policy. The Motion is granted as to all other claims.
3) Burgos’s Motion for Sanctions is GRANTED. It is hereby ORDERED that this case
is referred to Magistrate Judge Carol Sandra Moore Wells for a Report and
Recommendation on the sanctions to be imposed. The parties shall report to the
United States Courthouse, 601 Market Street, Courtroom 3F, on February 24, 2020
at 2:00 PM.
4) Plaintiff David Burgos, inmate # LJ5951, shall participate by videoconference to be
arranged with the appropriate authorities at SCI Retreat.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
____________________________

CYNTHIA M. RUFE, J.