Occhipinti et al v. Bauer et al

Filing 68

ORDER (memorandum filed previously as separate docket entry), SCHEDULING ORDER. IT IS HEREBY ORDERED THAT Motion (Doc. 58) is GRANTED IN PART AND DENIED IN PART as follows: 1.The Defendants Motion is DENIED with respect to Counts I and II of Plainti ffs Complaint.2.The Defendants Motion is GRANTED with respect to Plaintiffs section 1983 claim for misuse/abuse of process against Defendant Bauer found in Count III of Plaintiffs Complaint. The Clerk of the Court is directed to enter judgment IN FA VOR of Defendant Bauer and AGAINST the Plaintiffs on this Count. 3.The Defendants Motion is GRANTED to the extent that Count VI asserts a section 1983 claim for misuse/abuse of process against Defendant Tigue. The Clerk of the Court is directed to enter judgment IN FAVOR of Defendant Tigue and AGAINST the Plaintiffs on Plaintiffs section 1983 claim for misuse/abuse of process. 4.The Defendants Motion is DENIED with respect to Plaintiffs section 1983 claims for false arrest against ADA Tigue f ound in Count VI of Plaintiffs Complaint.5.The Defendants Motion is GRANTED to the extent that Count VIII asserts a state law claim for misuse/abuse of process against Defendant Bauer. The Clerk of the Court is directed to enter judgment IN FAVOR of Defendant Bauer and AGAINST the Plaintiffs on Plaintiffs claim for misuse/abuse of process. 6.The Defendants Motion is DENIED with respect to Plaintiffs state law claims for false arrest and malicious prosecution against Detective Bauer found in Co unt VIII of Plaintiffs Complaint.IT IS FURTHER ORDERED THAT a telephone scheduling conference will be held on Monday, August 28, 2017 at 11:30 a.m. to schedule this case for trial. Counsel for Plaintiffs is responsible for arranging the call to [phone], and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 8/14/17. (jam)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH OCCHIPINTI, et al.,
Plaintiffs,

3:13-CV-1875
(JUDGE MARIANI)

v.

LISA BAUER, et al.,
Defendants.

, Yi,,_

AND NOW,

ORDER

THIS~ DAY OF AUGUST, 2017, upon consideration of

Defendants' Amended Motion for Summary Judgment, (Doc. 58), IT IS HEREBY
ORDERED THAT the Motion, (Doc. 58), is GRANTED IN PART AND DENIED IN PART as
follows:
1. The Defendants' Motion is DENIED with respect to Counts I and II of Plaintiffs'
Complaint.
2. The Defendants' Motion is GRANTED with respect to Plaintiffs' section 1983 claim
for misuse/abuse of process against Defendant Bauer found in Count Ill of Plaintiffs'
Complaint. The Clerk of the Court is directed to enter judgment IN FAVOR of
Defendant Bauer and AGAINST the Plaintiffs on this Count.
3. The Defendants' Motion is GRANTED to the extent that Count VI asserts a section
1983 claim for misuse/abuse of process against Defendant Tigue. The Clerk of the

Court is directed to enter judgment IN FAVOR of Defendant Tigue and AGAINST the
Plaintiffs on Plaintiffs' section 1983 claim for misuse/abuse of process.
4. The Defendants' Motion is DENIED with respect to Plaintiffs' section 1983 claims for
false arrest against ADA Tigue found in Count VI of Plaintiffs' Complaint.
5. The Defendants' Motion is GRANTED to the extent that Count VIII asserts a state
law claim for misuse/abuse of process against Defendant Bauer. The Clerk of the
Court is directed to enter judgment IN FAVOR of Defendant Bauer and AGAINST
the Plaintiffs on Plaintiffs' claim for misuse/abuse of process.
6. The Defendants' Motion is DENIED with respect to Plaintiffs' state law claims for
false arrest and malicious prosecution against Detective Bauer found in Count VIII of
Plaintiff's Complaint.
IT IS FURTHER ORDERED THAT a telephone scheduling conference will be held on
Monday, August 28, 2017 at 11 :30 a.m. to schedule this case for trial. Counsel for
Plaintiffs is responsible for arranging the call to [phone], and all parties should be
ready to proceed before the undersigned is contacted.

ob
1ani
United States District Judge

2