Jennifer P. Wilson

“Having carefully considered the record and arguments presented, the court concludes that the pallet was an open and obvious danger such that Sam's Club is not liable for Ziadeh's injuries. ... Therefore, the court will grant Sam's Club's motion for summary judgment.”

“IT IS ORDERED THAT Defendant's Rule 12(b)(1) motion to dismiss, Doc. 4, is DENIED.”

“Defendants' motion to dismiss, Doc. 28, is GRANTED IN PART AND DENIED IN PART. Plaintiff's complaint is DISMISSED WITH PREJUDICE as to Defendants John Wetzel, Shannon Quegley, Kathy Brittain, and S. Kephart.”

“Plaintiff's disability discrimination claims under the Americans with Disabilities Act (‘ADA’) and the Pennsylvania Human Relations Act (‘PHRA’) are DISMISSED WITH PREJUDICE. ... Plaintiff's claims under the Family and Medical Leave Act (‘FMLA’) are DISMISSED WITHOUT PREJUDICE. ... The motion to dismiss is denied with respect to Plaintiff's disparate treatment claim arising from her termination and with respect to Plaintiff's retaliation claim.”

“According, the court will grant Defendant’s motion for summary judgment.”

“Based on a lack of evidence to support a finding of an understanding or agreement, the court will grant Defendants' motion for summary judgment on the issue of the First Amendment conspiracy.”

“Considering Plaintiff was aware of this evidence and had access to this evidence through his family or could have gathered similar evidence through a deposition during the extensive discovery allotted in this action, the court does not consider this affidavit of Inmate Ferrell as ‘newly discovered evidence.’ The court finds Plaintiff has failed to establish good cause for the court to reconsider its previous determination. Therefore, Plaintiff's motion for reconsideration will be denied.”

“Based on the forgoing, the court will deny Plaintiff's motion in limine with leave to renew some of his evidentiary challenges during the trial, as discussed above.”

“Therefore, there has only been a single order requiring Defendants to reproduce evidence it had previously supplied, and Plaintiff has not alleged that this order was violated. As such, the court will deny Plaintiff's motion for contempt.”

“Likewise, the court will deny Plaintiff's attempt to have Defendants' counsel removed. (Doc. 307.) ... Additional attempts to sanction Defendants for discovery violations in this action will not be entertained by the court and will be viewed as deliberate attempts to delay the case.”

“For the reasons that follow, Judge Arbuckle's report and recommendation is adopted in part, modified in part, and rejected in part; the Defendants' motion to dismiss and/or for summary judgment is granted in part and denied in part; and Dixon's motion for leave to file an amended complaint is denied as moot.”

“Dixon's motion for leave to file an amended complaint is denied as moot, because the court is granting leave to amend as specified in this memorandum and accompanying order.”

“For the foregoing reasons, the district's motion for summary judgment is granted and Plaintiffs' motion for summary judgment is denied. An appropriate order follows.”

“Based on the above, Snead has failed to demonstrate that a reasonable inmate of ordinary firmness in the same situation would have failed to file administrative remedies against the Government Defendants. Accordingly, the Government Defendants are entitled to summary judgment in their favor based on Snead's failure to exhaust his available administrative remedies as to the claims asserted against them.”

“For the reasons stated herein, Defendants' motion to dismiss will be granted and Plaintiffs' complaint will be dismissed with prejudice. An appropriate order will issue.”

“For the foregoing reasons, the motions to dismiss are granted. An appropriate order follows.”