Zaloga et al v. Borough of Moosic et al

Filing 177

ORDER (memorandum filed previously as separate docket entry). Defendants Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. ECF No. 138. Final Judgment will be deferred until after disposition of the remaining claims. The only cl aims and parties that survive the motion for summary judgment are Edward Zaloga and Correctional Care Inc, Plaintiffs, versus Joseph Mercatili, Defendant, for three claims retaliation in violation of the First Amendment pursuant to 42 U.S. C. § 1983; conspiracy under 42 U.S.C. § 1983; and civil conspiracy pursuant to state common law. The docket caption will be amended accordingly. A telephone conference call will be scheduled with counsel in the near future to discuss the parties desire to participate in mediation or a settlement conference or to fix this matter for trial. Signed by Honorable Matthew W. Brann on 6/16/15. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEANNE ZALOGA,
:
EDWARD ZALOGA, D.O., C.P.A., :
CORRECTIONAL CARE, INC.,
:
:
Plaintiffs,
:
:
v.
:
:
BOROUGH OF MOOSIC,
:
MOOSIC BOROUGH COUNCIL, :
MOOSIC BOROUGH PLANNING :
COMMISSION,
:
MOOSIC BOROUGH ZONING
:
BOARD OF ADJUSTMENTS,
:
JOSEPH MERCATILI,
:
JOSEPH DENTE,
:
THOMAS HARRISON,
:
BRYAN FAUVER,
:
JAMES DURKIN,
:
WILLARD HUGHES,
:
:
Defendants.
:

Civil Action No. 3:10-CV-2604

(Judge Brann)

ORDER
And Now, this 16th day of June, 2015, IT IS HEREBY ORDERED THAT:
1.

Defendants’ Motion for Summary Judgment is GRANTED IN PART
and DENIED IN PART. July 28, 2014, ECF No. 138.

2.

Final Judgment will be deferred until after disposition of the
remaining claims.

3.

The only claims and parties that survive the motion for summary
judgment are Edward Zaloga and Correctional Care Inc, Plaintiffs,
versus Joseph Mercatili, Defendant, for three claims – retaliation in

violation of the First Amendment pursuant to 42 U.S. C. §1983;
conspiracy under 42 U.S.C. § 1983; and civil conspiracy pursuant to
state common law. The docket caption will be amended accordingly.
4.

A telephone conference call will be scheduled with counsel in the
near future to discuss the parties’ desire to participate in mediation or
a settlement conference or to fix this matter for trial.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge