Martin v. Finley et al

Filing 65

ORDER 1. Defendant Minora's Objections (Doc. 61) are OVERRULED IN PART AND SUSTAINED IN PART. 2. The Report and Recommendation (Doc. 60) is ADOPTED IN PART AND OVERRULED IN PART. 3. Defendant Minora's Motion to Dismiss (Doc. 22) is GRANTED IN PART AND DENIED IN PART: a. The Motion is GRANTED with respect to Plaintiffs claims of defamation/defamation per se/llbel/false light (Count IV) and negligent infliction of emotional distress (Count V) for the reasons set forth in Magistrate Judge Carlson's R&R. Count IV is therefore dismissed in its entirety against Defendant Minora, and Count Vis dismissed in part against Defendant Minora. b. The Motion is GRANTED with respect to Plaintiffs claims of malicious prosecution (Count III) f or the reasons set forth in this Court's accompanying memorandum opinion. Count III is therefore dismissed in part, with prejudice, against Defendant Minora. c. The Motion is DENIED with respect to Plaintiffs claims of abuse of process (Collnt III) and intentional infliction of emotional distress (Count V) for the reasons set forth in this Court's accompanying memorandum opinion and Magistrate Judge Carlson's R&R.Signed by Honorable Robert D. Mariani on 2/15/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MICHAEL G. MARTIN

Plaintiff,

3:15·CV·1620
(JUDGE MARIANI)

v.
THOMAS J. FINLEY, et al.
Defendants.

ORDER
AND NOW, THIS /5-jlbAY OF FEBRUARY, 2017, upon de novo review of
Magistrate Judge Carlson's Report and Recommendation (Doc. 60), Defendant Amil
Minora's Objections thereto (Doc. 61) and Plaintiffs Response (Doc. 62), Defendant
Minora's Motion to Dismiss (Doc. 22), and all supporting and opposing documents, IT IS
HEREBY ORDERED THAT:
1. Defendant Minora's Objections (Doc. 61) are OVERRULED IN PART AND
SUSTAINED IN PART.
2. The Report and Recommendation (Doc. 60) is ADOPTED IN PART AND
OVERRULED IN PART.
3. Defendant Minora's Motion to Dismiss (Doc. 22) is GRANTED IN PART AND
DENIED IN PART:
a. The Motion is GRANTED with respect to Plaintiffs claims of
defamation/defamation per se/llbel/false light (Count IV) and negligent

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infliction of emotional distress (Count V) for the reasons set forth in
Magistrate Judge Carlson's R&R. Count IV is therefore dismissed in
its entirety against Defendant Minora, and Count V is dismissed in part
against Defendant Minora.
b. The Motion is GRANTED with respect to Plaintiffs claims of malicious
prosecution (Count III) for the reasons set forth in this Court's
accompanying memorandum opinion. Count III is therefore dismissed
in part, with prejudice, against Defendant Minora.
c. The Motion is DENIED with respect to Plaintiffs claims of abuse of
process (Collnt III) and intentional infliction of emotional distress
(Count V) for the reasons set forth in this Court's accompanying
memorandum opinion and Magistrate Judge Carlson's R&R.

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