Sears v. McCoy et al

Filing 62

ORDER (memorandum filed previously as separate docket entry 61 ) - AND NOW, on this 26th day of January 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendant McCoys motion for summary judgment (Doc. No. 48 ) is GRANTED IN PART and DENIED IN PART as follows: a. The motion (Doc. No. 48) is DENIED with respect to Plaintiffs First Amendment retaliation claim; b. The motion (Doc. No. 48) is GRANTED with respect to Plaintiffs remaining state la w tort claims, and the Clerk of Court is directed to defer the entry of judgment in favor of Defendant McCoy on these claims until the conclusion of the above-captioned proceedings; and 2. Within twenty-one (21) days of the date of this Order, the parties are directed to provide a joint status report to the Court addressing whether they are amenable to the Court referring the above-captioned case to mediation. Signed by Honorable Yvette Kane on 1/26/21. (dmn)

Case 1:17-cv-00869-YK-EB Document 62 Filed 01/26/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD SEARS,
Plaintiff
v.
DANTE MCCOY, et al.,
Defendants

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No. 1:17-cv-00869
(Judge Kane)

ORDER
AND NOW, on this 26th day of January 2021, in accordance with the Memorandum
issued concurrently with this Order, IT IS ORDERED THAT:
1. Defendant McCoy’s motion for summary judgment (Doc. No. 48) is GRANTED IN
PART and DENIED IN PART as follows:
a. The motion (Doc. No. 48) is DENIED with respect to Plaintiff’s First
Amendment retaliation claim;
b. The motion (Doc. No. 48) is GRANTED with respect to Plaintiff’s remaining
state law tort claims, and the Clerk of Court is directed to defer the entry of
judgment in favor of Defendant McCoy on these claims until the conclusion
of the above-captioned proceedings; and
2. Within twenty-one (21) days of the date of this Order, the parties are directed to
provide a joint status report to the Court addressing whether they are amenable to the
Court referring the above-captioned case to mediation.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania