Occhipinti et al v. Bauer et al

Filing 54

ORDER 1. The Report and Recommendation (Doc. 45) is ADOPTED for the reasons stated therein. 2. Plaintiffs' Objections (Doc. 47) are OVERRULED. 3. Defendants' Objections (Doc. 48) are OVERRULED. 4. Defendants' Motion for Summary Judgmen t is GRANTED IN PART AND DENIED IN PART as follows: a. With respect to Counts IV, V, VII, and IX of the Complaint (Doc. 1), Defendants' Motion for Summary Judgment (Doc. 33) is GRANTED. b. With respect to Counts I, II, III, VI, and VIII of the C omplaint (Doc. 1), Defendants' Motion for Summary Judgment (Doc. 33) is DENIED WITHOUT PREJUDICE to refile on the issues of absolute and qualified immunity. i. Defendants may refile no later than twenty-eight (28) days from the date of this order. Signed by Honorable Robert D. Mariani on 9/30/16. (jfg)

I

r

t

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

I
t

,

f
,

!
!

JOSEPH OCCHIPINTI, et aI.,

!

Plaintiffs,

v.

I
1
,

3:13·CV·1875
(JUDGE MARIANI)

f

t

I
I

LISA BAUER, et al.

I

Defendants.

t
t

t_

r

i

ORDER
AND NOW, THIS

3f2iez DAY OF SEPTEMBER, 2016, upon de novo review of

Magistrate Judge Carlson's Report and Recommendation (Doc. 45), Plaintiffs' objection
thereto (Doc. 47), Defendants' objection thereto (Doc. 48), and all other relevant
documents, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation (Doc. 45) is ADOPTED for the reasons stated

therein.

~-

2. Plaintiffs' Objections (Doc. 47) are OVERRULED.
3. Defendants' Objections (Doc. 48) are OVERRULED.

f
.
t

4. Defendants' Motion for Summary Judgment is GRANTED IN PART AND DENIED IN

I

I

PART as follows:
a. With respect to Counts IV, V, VII, and IX of the Complaint (Doc. 1),
Defendants' Motion for Summary Judgment (Doc. 33) is GRANTED.

I

t

I
r

!

I
!
,.
~

;
,
!

~

,
f

!
!

~

b. With respect to Counts I, II, III, VI, and VIII of the Complaint (Doc. 1),

Defendants' Motion for Summary Judgment (Doc. 33) is DENIED WITHOUT
PREJUDICE to refile on the issues of absolute and qualified immunity.
i. Defendants may refile no later than twenty-eight (28) days from the

date of this order.
ii. If Defendants choose to refile they are ordered to do so in strict

compliance with Local Rule 56.1, such that they submit a "statement of
the material facts, in numbered paragraphs, as to which [they]
contendD there is no genuine issue to be tried." L.R. 56.1. Any
separate statement of facts included in the Motion for Summary
Judgment should mirror the Statement of Material Facts. Further, the
statement of facts should be organized in such a fashion that aids the
Court in ruling on the Motion, such as "a single coherent narrative
thread." (Doc. 45 at 2).
iii. Plaintiffs are also ordered to strictly observe Local Rule 56.1 in
responding to Defendants refiling, if any, such that Plaintiffs respond to
Defendants' numbered paragraphs with an unequivocal admission or
denial. Any denial should include astatement of which facts are in
dispute, followed by a citation to the record. Plaintiffs should refrain
from equivocal denials such as "denied as stated" or similar such
2

phrases, or by providing acounter statement of facts unaccompanied
by a denial.

3