BROBST, JR. et al v. CROSSETT, ESQ. et al

Filing 103

OPINION/ORDER THAT MOTION NO. 55 IS DENIED; MOTION NO. 98 IS GRANTED; MOTION NOS. 60, 71 AND 73 ARE DENIED AS MOOT. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 6/19/18. 6/19/18 ENTERED AND COPIES MAILED AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
WILLIAM F. BROBST, JR.,
:
CIVIL ACTION
ROXANNE BROBST, h/w, and
:
KESHIA BROBST,
:
NO. 16-4051
Plaintiffs,
:
:
vs.
:
:
WILLIAM F. BROBST, SR.,
:
DAVID W. CROSSETT, ESQUIRE,
:
SMITH LAW GROUP, LLC, and
:
JAMES M. SMITH, ESQUIRE,
:
Defendants. :
__________________________________________:
ORDER
AND NOW, this 19th day of June, 2018, upon consideration of the Smith
Defendants’ First Motion for Judgment on the Pleadings (Dkt. No. 55), the Plaintiffs’ First
Motion for Partial Summary Judgment (Dkt. No. 60), Defendant William F. Brobst, Sr.’s Motion
for Summary Judgment (Dkt. No. 71), the Smith Defendants’ First and Second Motions for
Summary Judgment (Dkt. Nos. 73, 98), the responses in opposition, the replies, attached
exhibits, statements of material fact, and for the reasons expressed in the accompanying
Memorandum Opinion,
IT IS ORDERED that the Smith Defendants’ First Motion for Judgment on the
Pleadings (Dkt. No. 55) is DENIED.
IT IS FURTHER ORDERED that the Smith Defendants’ Second Motion for
Summary Judgment (Dkt. No. 98) is GRANTED as to Plaintiffs’ § 1983 claims in the Amended
Complaint.
IT IS FURTHER ORDERED that Plaintiffs’ First Motion for Partial Summary

Judgment (Dkt. No. 60), Defendant William F. Brobst, Sr.’s Motion for Summary Judgment
(Dkt. No. 71) and the Smith Defendants’ First Motion for Summary Judgment (Dkt. No. 73) are
DENIED as moot.
IT IS FURTHER ORDERED that Counts I, II, III and XV of the Amended
Complaint are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Counts IX, XI, XIII and XIV of the Amended
Complaint containing claims for intentional infliction of emotional distress, abuse of process,
trespass and conversion pursuant to Pennsylvania law are DISMISSED WITHOUT
PREJUDICE for Plaintiffs to raise them in an appropriate state court.

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge

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