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GPO
Jun 07 2017
MEMORANDUM OPINION denying 20 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Cynthia Reed Eddy on 6/7/2017. (bsc)
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GPO
Aug 20 2018
MEMORANDUM OPINION AND ORDER granting in part and denying in part 51 the Commonwealth Defendants' Motion for Summary Judgment and 63 Defendant Ankrom's Motion for Summary Judgment. It is further ORDERED that Plaintiff's 75 Motion for Summary Judgment is denied. As detailed in the Memorandum Opinion, summary judgment is GRANTED on all claims against Defendants Gilmore, Wetzel and DOC and on Talley's claims for conspiracy, and violations of the Eighth Amendment (deliberate indifference), and violations of the Americans with Disabilities Act and the Rehabilitation Act, for failure to exhaust administrative remedies. Summary judgment is DENIED on Talley's First Amendment retaliation claim as genuine issues of material fact exist. Signed by Magistrate Judge Cynthia Reed Eddy on 8/20/2018. (bsc)
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GPO
Aug 21 2018
MEMORANDUM OPINION & ORDER clarifying that summary judgment has been entered in favor of Commonwealth Defendants Department of Corrections, Gilmore Wetzel, McCombie, Dialesandro, Caro, and Mankey. The only remaining claim in the case is the retaliation claim against Defendants Burt, Wettgen, and Ankrom. Signed by Magistrate Judge Cynthia Reed Eddy on 8/21/2018. (bsc)
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GPO
Nov 07 2019
MEMORANDUM ORDER, indicating that, for reasons more fully stated within, 169 Defendants' motion in limine to preclude award of compensatory damages is granted; 170 Defendants' motion in limine to preclude any evidence of the Disability Rights Network Settlement Agreement and the Testimony of Angus Love and Alexandra Morgan-Kurtz is granted; 171 Defendants' motion in limine to preclude testimony of Department of Corrections Secretary John Wetzel is granted; 172 Defendants' motion in limine to allow testimony and evidence of Plaintiff's misconducts is granted; 173 Plaintiff's motion to exclude purported expert opinions of Jason G. Roof, M.D., is granted; 175 Plaintiff's motion in limine to exclude mental health records is denied; 177 Defendants' motion to preclude testimony of Major Curtis Grice and Lt. Matthew Luciano is granted; 178 Plaintiff's motion in limine to exclude evidence of other crimes, wrongs, or other acts is granted in part and denied in part; 180 Plaintiff's motion in limine to exclude undisclosed expert testimony is denied, as there is no undisclosed expert testimony; 182 Plaintiff's motion in limine to exclude evidence regarding Plaintiff's other lawsuits and complaints is granted as unopposed; 184 Defendants' motion in limine to preclude the trial testimony of Plaintiff's expert Harry Krop, Ph.D. Motion in Limine is granted; 186 Defendants motion in limine to preclude punitive damages is denied; and 190 Defendants' motion in limine to preclude any evidence of the Department of Justice Investigation is granted. See Memorandum Order for details. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/7/2019. (bsc)
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GPO
Nov 20 2019
ORDER allowing Plaintiff to proceed to trial pro se and allowing his court-appointed counsel to withdraw their appearance. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/20/2019. (bsc)
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