Rittenhouse Entertainment, Inc. et al v. City of Wilkes-Barre et al

Filing 202

ORDER (memorandum filed previously as separate docket entry). (1) Defendants McAndrew and Lindenmuth are dismissed from the case. (2) City Defendants Motion for Summary Judgment 135 is GRANTED in part and DENIED in part as follows: (a) the Motion i s GRANTED, and judgment entered in favor of City Defendants, with respect to all claims in Counts I, II, III, IV, and VI.(b) The Motion for Summary Judgment is otherwise DENIED. (3) College Defendants Motion for Summary Judgment 138 is GRANTED in p art and DENIED in part as follows: (a) The Motion is GRANTED, and judgment entered in favor of College Defendants, with respect to all claims in Counts I, II, and III.(b) The Motion for Summary Judgment is otherwise DENIED. (4) County Defendants Moti on for Summary Judgment 141 is GRANTED, and judgment entered in favor of County Defendants. (5) The state law claims in Count V are DISMISSED for lack of subject matter jurisdiction. (6) The Clerk of Court is directed to close the case.Signed by Honorable A. Richard Caputo on 8/8/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RITTENHOUSE ENTERTAINMENT,
INC.; THE MINES, INC.; G NET COMM.
CO.; PHOENIX ESTATES; and
THOMAS J. GRECO;

CIVIL ACTION NO. 3:11-617
(JUDGE CAPUTO)

Plaintiffs,
v.
CITY OF WILKES-BARRE; THOMAS
LEIGHTON, individually and as Mayor of
Wilkes-Barre; GERALD DESSOYE,
individually and as Chief of Police of
Wilkes-Barre; J.J. MURPHY, individually
and as City Administrator of WilkesBarre; TONY THOMAS, JR., KATHY
KANE, WILLIAM BARRET, RICK
CRONAUER, and MICHAEL MERRITT,
individually and as Members of the
Wilkes-Barre City Council; BUTCH
FRATI, individually and as Director of
Operations of Wilkes-Barre; LUZERNE
COUNTY; MICHAEL SAVOKINAS,
individually and as Luzerne County
Sheriff; KING’S COLLEGE; and FATHER
THOMAS J. O’HARA, ROBERT
MCGONIGLE, PAUL LINDENMUTH, and
JOHN MCANDREW, individually and as
Officers and Employees of King’s
College;
Defendants.
ORDER
NOW, this 8th day of August, 2018, IT IS HEREBY ORDERED that:
(1)

Defendants McAndrew and Lindenmuth are dismissed from the case.

(2)

City Defendants’ Motion for Summary Judgment (Doc. 135) is GRANTED in part and
DENIED in part as follows:
(a) the Motion is GRANTED, and judgment entered in favor of City Defendants, with
respect to all claims in Counts I, II, III, IV, and VI.
(b) The Motion for Summary Judgment is otherwise DENIED.

(3)

College Defendants’ Motion for Summary Judgment (Doc. 138) is GRANTED in part
and DENIED in part as follows:
(a)

The Motion is GRANTED, and judgment entered in favor of College
Defendants, with respect to all claims in Counts I, II, and III.

(b)
(4)

The Motion for Summary Judgment is otherwise DENIED.

County Defendants’ Motion for Summary Judgment (Doc. 141) is GRANTED, and
judgment entered in favor of County Defendants.

(5)

The state law claims in Count V are DISMISSED for lack of subject matter jurisdiction.

(6)

The Clerk of Court is directed to close the case.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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