SUBER et al v. JOHN DOE et al

Filing 63

ORDER THAT THE WITHIN MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT THE JUDGMENT IS HEREBY ENTERED IN FAVOR OF DEFENDANTS OFFICER ROBERT KUECH, OFFICER JEFFEREY J. INGEMIE, OFFICER SHANNON N. MILLER, AND OFFICER CLAUDE SIMPKINS, AND THE CITY OF COATESVILLE, PENNSYLVANIA AND AGAINST PLAINTIFFS BONGAI MHLOYI AND JEREMIAH MHLOYI. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/28/2013. 2/28/2013 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONNIE SUBER,
BONGAI MHLOYI, and
JEREMIAH MHLOYI,
Individually, and
together doing
business as “JB’S WEB”,

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Plaintiff
vs.
JON GUINTA;
OFFICER KEUCH;
OFFICER INGEMIE;
OFFICER MILLER;
OFFICER SIMPKINS; and
THE CITY OF COATESVILLE,
Defendants

Civil Action
No. 10-cv-03156

O R D E R
NOW, this 28th day of February, 2013, upon consideration of the following documents:
(1)

Motion for Summary Judgment of Officer Robert
Keuch, Officer Jeffrey J. Ingemie, Officer
Shannon N. Miller, Officer Claude Simpkins, and
The City of Coatesville filed November 26, 2012
(Document 32)(“Motion for Summary Judgment”),
together with,
(A)

Brief in Support of Motion for Summary
Judgment of Officer Robert Keuch, Officer
Jeffrey J. Ingemie, Officer Shannon N.
Miller, Officer Claude Simpkins, and The City
of Coatesville (Document 32-2);

(B)

Concise Statement of Material Undisputed
Facts of Defendants Keuch, Ingemie, Miller,
Simpkins, and The City of Coatesville
(Document 33);

(C)

Appendix of Exhibits in Support of Defendants’ Motion for Summary Judgment (Document 34);

(D)

Defendants’ Exhibit A, Excerpt of Transcript
of Deposition of Bongai Mhloyi taken November 7, 2011 (Document 34-1);

(E)

Defendants’ Exhibit B, Coatesville Police
Department Incident Investigation Report
No. 20070927M2698(01) completed by defendant
Officer Jeffrey Ingemie on September 27, 2007
(Document 34-2);

(F)

Defendants’ Exhibit C, Coatesville Police
Department Incident Investigation Report
No. 20080327M3234(01) completed by Sergeant
Brandon Harris on March 20, 2008 (Document 34-3);

(G)

Defendants’ Exhibit D, Coatesville Police
Department Incident Investigation Report
No. 20080409M3844(01) completed by Detective
Ryan Wright on April 9, 2008 (Document 34-4);

(H)

Defendants’ Exhibit E, Excerpt of Transcript
of Deposition of [Detective] Ryan Wright
taken March 31, 2011 (Document 34-5);

(I)

Defendants’ Exhibit F, Coatesville Police
Department Incident Investigation Report
No. 20080509M5182(01) completed by defendant
Officer Shannon N. Miller on May 9, 2008
(Document 34-6);

(J)

Defendants’ Exhibit G, Coatesville Police
Department Incident Investigation Report
No. 20080514M5364(01) completed by Detective
Kevin Campbell on May 14, 2008, and Coatesville Police Department Incident Investigation Report No. 20080514M5370(01) completed
by defendant Officer Claude Simpkins on
May 14, 2008 (Document 34-7);

(K)

Defendants’ Exhibit H, Coatesville Police
Department Incident Investigation Report
No. 20080623M7213(01) completed by Sergeant
James Audette on June 21, 2008 (Document 348);

(L)

Defendants’ Exhibit I, Coatesville Police
Department Incident Investigation Report
No. 20080710M8035(01) completed by Sergeant
James Pinto on July 10, 2008 (Document 34-9);
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(M)

Defendants’ Exhibit J, Coatesville Police
Department Incident Investigation Report
Nos. 20080915M1111(01) and 20080915M1112(01)
completed by defendant Corporal Jeffrey
Ingemie on September 15, 2008 (Document 3410);

(N)

Defendants’ Exhibit K, Coatesville Police
Department Incident Investigation Report
No. 20080831M0306(01) completed by Sergeant
James Pinto on August 31, 2008 (Document 3411);

(O)

Defendants’ Exhibit L, Coatesville Police
Department Incident Investigation Report
No. 20081110M3993(01) completed by defendant
Officer Robert Kuech on November 10, 2008
(Document 34-12);

(P)

Defendants’ Exhibit M, Index of Incidents at
JB’s Web Bar summarizing incidents from
January 9, 2007 through August 11, 2010
(Document 34-13);

(Q)

Defendants’ Exhibit N, Incident reports
involving noise complaints from Mona Lisa
London (Document 34-14), specifically,
(i)

Coatesville Police Department
Incident Investigation Report
No. 20050820M2711(01) completed by
Officer Joseph Carboni on
August 20, 2005;

(ii)

Coatesville Police Department
Incident Investigation Report
No. 20050910M3953(01) completed by
Corporal Sean Knapp on September 10, 2005;

(iii)

Coatesville Police Department
Incident Investigation Report
No. 20060118M0993(01) completed by
Officer Guy Bruchstein on
January 18, 2006;

(iv)

Coatesville Police Department
Incident Investigation Report

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No. 20060203M1671(01) completed by
Officer James Audette on
February 3, 2006;
(v)

Coatesville Police Department
Incident Investigation Report
No. 20060203M1670(01) completed by
Officer James Audette on February 3, 2006; and

(vi)

Coatesville Police Department
Incident Investigation Report
No. 20060423M5661(01) completed by
Officer James Audette on April 23,
2006;

(R)

(S)

(2)

Defendants’ Exhibit O, Excerpt of Transcript
of Deposition of Robert Keuch taken March 31,
2011 (Document 34-15); and
Defendants’ Exhibit P, Excerpt of Transcript
of Deposition of Claude Simpkins taken March
31, 2011 (Document 34-16); and

Plaintiffs’ Brief in Opposition to Defendants[’]
Motion for Summary Judgment, which brief in opposition was filed January 3, 2013 (Document 41),
together with,
(A)

Plaintiff[s’] Counterstatement of Disputed
Material Facts (Document 40);

(B)

Plaintiffs’ Exhibits in Support of Their
Brief in Opposition and Counterstatement of
Disputed Material Facts (Document 40-1);

(C)

Plaintiffs’ Exhibit A, Transcript of Videotaped Deposition of Ronnie Suber taken
November 7, 2011 (Document 40-2);

(D)

Plaintiffs’ Exhibit B, Transcript of Videotaped Deposition of Jeremiah Mhloyi taken
November 7, 2011 (Document 40-3);

(E)

Plaintiffs’ Exhibit C, Transcript of Videotaped Deposition of Officer Wright taken
March 31, 2011 (Document 40-4);

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(F)

Plaintiffs’ Exhibit D, Transcript of Videotaped Deposition of Bongai Mhloyi taken
November 7, 2011 (Document 40-5);

(G)

Plaintiffs’ Exhibit E, Transcript of Videotaped Deposition of [Officer] Claude Simpkins
taken March 31, 2011 (Document 40-6);

(H)

Plaintiffs’ Exhibit F, Transcript of Videotaped Deposition of [Officer] Robert Kuech
taken March 31, 2011 (Document 40-6);

(I)

Plaintiffs’ Exhibit G, Letter dated October 27, 2006 from Michal Bershad, Penn
Vending Co., addressed “To whom it may
concern:” at “J.B. Web Tavern, 302 W Lincoln,
Coatesville, Pa” (Document 40-7);

(J)

Plaintiffs’ Exhibit H, Two letters dated
March 18, 2009 and August 17, 2009,
respectively, from Jane Melchior, Director,
Bureau of Licensing, Pennsylvania Liquor
Control Board, addressed to “Licensee” at “D
Kendo, Inc., 302 W Lincoln Hwy, Coatesville
PA 19320-3021" (Document 40-7);

(K)

Plaintiffs’ Exhibit I, Letter dated October 1, 2007 from Edward A. Taraskus, Esquire,
counsel for D. Kendo, Inc., to Samuel Cohen,
Esquire, hearing officer for the Pennsylvania
Liquor Control Board (Document 40-8); and

(L)

Plaintiffs’ Exhibit J, City of Coatesville,
Pennsylvania Building Permit Application and
corresponding documents (Document 40-8);

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that the within Motion for Summary
Judgment is granted.
IT IS FURTHER ORDERED that the judgment is hereby
entered in favor of defendants Officer Robert Kuech, Officer
Jefferey J. Ingemie, Officer Shannon N. Miller, and Officer

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Claude Simpkins, and The City of Coatesville, Pennsylvania and
against plaintiffs Bongai Mhloyi and Jeremiah Mhloyi.
BY THE COURT:
/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

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