Try our Advanced Search for more refined results
Walsh Barnes
-
Notice | Filed: April 24, 2024 | Entered: April 24, 2024 BLAKENEY et al v. PACKAGING CORPORATION OF AMERICA
P.I.: Other | Pennsylvania Western
Notice of Appearance
NOTICE of Appearance by Danielle Deklewa on behalf of MICHAEL BLAKENEY, TIFFANY BLAKENEY. (Deklewa, Danielle)
-
Order | Filed: April 24, 2024 | Entered: April 24, 2024 WERTZ et al v. INMATE CALLING SOLUTIONS, LLC et al
Civil Rights: Other | Pennsylvania Western
Order on Motion for Miscellaneous Relief
ORDER DENYING 27 First Motion to Add Party Defendants by Plaintiffs PATRICK HUGHEY and JEFFREY WERTZ. In their 27 Motion, Plaintiffs seek to add Defendants CHRIS CAIN, DAVID CODDINGTON, and JEFFREY FEWELL to their 26 Amended Complaint, raising six new claims against them. On 3/7/2024, the Court previously dismissed these Defendants from the case with prejudice. ECF Nos. 24, 25. In doing so, the Court explained that Plaintiffs failed to allege a failure-to-intervene claim against these Defendants, and that qualified immunity protects them from suit. ECF No. 24 at 1516. Despite the Court's 24 Opinion, Plaintiffs now seek to add these Defendants back into the case, asserting that they may do so because they are alleging new claims against these Defendants. ECF No. 27 5. Plaintiffs do not, however, cite any legal rule, standard, or authority which they believe grants them the power to bring new claims against defendants who have already been dismissed from the case with prejudice. See generally ECF No. 27. Accordingly, because the Plaintiffs fail to provide any legal authority in their Motion, and because the Court's 24 Opinion dismissed Defendants CAIN, CODDINGTON, and FEWELL with prejudice, denial of the 27 Motion is warranted. Furthermore, even if the Court were to construe the 27 Motion as a motion to reconsider the Court's dismissal of the Defendants, Plaintiffs have not made the required showing. A motion for reconsideration of a final order may be granted where a party can show "(1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court [issued judgment]; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.'" Max's Seafood Caf v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999); Adlife Mktg. & Commc'ns Co. v. Karns Prime & Fancy Food, Ltd., No. 21-2074, 2023 WL 179840, at *5 (3d Cir. Jan. 13, 2023). Here, Plaintiffs contend that the addition of new claims warrants reconsideration of the Court's prior decision, but they do not allege an intervening change of controlling law or the need to correct a clear error of law or fact. See generally ECF No. 27. Further, while the Amended Complaint contains new allegations, Plaintiffs do not explain why such evidence was not available when the Court previously issued its 24 Opinion. See generally ECF No. 27. Accordingly, the Court declines to reconsider its decision to dismiss, with prejudice, Defendants CAIN, CODDINGTON, and FEWELL. For all of the foregoing reasons, IT IS HEREBY ORDERED that Plaintiffs' 27 Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 4/24/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
-
Utility | Filed: April 23, 2024 | Entered: April 23, 2024 MILES et al v. CHILDRENS HOSPITAL et al
Civil Rights: Other | Pennsylvania Western
Add and Terminate Judges
This case has been reassigned to Magistrate Judge Richard A. Lanzillo pursuant to Administrative Order 2024-03 filed at 2:24-mc-10001. Magistrate Judge Cynthia Reed Eddy no longer assigned to case. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login