THOMPSON v. HENS-GRECO et al

Filing 133

MEMORANDUM ORDER granting 27 Motion for Summary Judgment filed by defendants PERNILLE FRANKMAR, JONATHAN VOELKER, and VOELKER & COLTON, LLC and further adopting 96 Report and Recommendation of Magistrate Judge Lisa Pupo Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 8/22/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Dwayne Thompson, individually, and on
behalf of his minor daughter “RMT” and
Pamela McDeavitt,
Plaintiffs,
v.
Kathryn M. Hens-Greco; Kimberly Berkeley
Clark, Krista Abram; Shane Mock; Jonathan
Voelker; Pernille Frankmar; Voelker &
Colton, LLC; Lauren Darbouze; Reserve
Township Police; Brian Tully; Fred Boory Jr;
Pittsburgh Municipal Court; Barbara Clements;
Allegheny County; Patrick Quinn; Christopher
Connors; Geraldine M. Redic; Claire Capristo;
Allegheny County Sheriff’s Department;
Anthony Fratto; Holly Zemba; Allegheny County
Department of Court Records; Allegheny County
Office of Children and Youth Services;
Bruce Noel; Brynn Alpee; McKeesport Area
School District; Fifth Judicial District; and
John and Jane Does, 1-10,
Defendants.

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2:16cv1100
Electronic Mail
District Judge Cercone
Magistrate Judge Lenihan
ECF Nos. 27, 96

MEMORANDUM ORDER
This civil action was commenced on July 25, 2016 when Plaintiff Dwayne Thompson
filed a Motion for Leave to Proceed in Forma Pauperis. (ECF No. 1.) That motion was granted
and the Complaint (ECF No. 2) was docketed on July 26, 2016. The case was referred to United
States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the
Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 96), filed on April 11,
2017, recommended that the Motion for Summary Judgment for Failure to File Certificates of

Merit (ECF No. 27) filed by Defendants Pernille Frankmar, Jonathan Voelker, and Voelker &
Colton, LLC be granted. Service was made on Plaintiffs via first class mail to their addresses of
record; service was made on all counsel of record via CM/ECF electronic mail and on Defendant
Lauren Darbouze via first class mail to her address of record. The parties were informed that in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2
of the Local Rules of Court, that they had fourteen (14) days to file any objections, and that
unregistered ECF users were given an additional three (3) days pursuant to Federal Rule of Civil
Procedure 6(d). On April 28, 2017, Plaintiffs filed their “Reply and Objections” to the Report
and Recommendation. (ECF No. 115.)
After review of the pleadings and Objections, and documents in the case, together with
the Report and Recommendation, the following Order is entered:
AND NOW, this 22nd day of August, 2017,
IT IS HEREBY ORDERED that the Motion for Summary Judgment (ECF No. 27) filed
by Defendants Pernille Frankmar, Jonathan Voelker, and Voelker & Colton, LLC. is
GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 96) of
Magistrate Judge Lenihan, dated April 11, 2017, is adopted as the opinion of the Court.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc:

Dwayne Thompson
1013 Coal Street
Pittsburgh, PA 15221

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Pamela McDeavitt
104 Dorf Avenue
Pittsburgh, PA 15209
(Via First Class Mail)
Caroline Liebenguth, Esquire
Dennis J. Roman, Esquire
Charlene S. Seibert, Esquire
Timothy R. Stienstraw, Esquire
Lauren D. Darbouze, Esquire
Ashley N. Rodgers, Esquire
Daniel R. Bentz, Esquire
Benjamin T.S. Trodden, Esquire
Lisa G. Michel, Esquire
Anthony G. Sanchez, Esquire
(Via CM/ECF Electronic Mail)

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