BURKE et al v. BACHERT et al
| Pennsylvania Eastern District Court | |
| Judge: | John M Gallagher |
| Case #: | 5:23-cv-01959 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 23, 2023 |
| Terminated: | Jun 12, 2024 |
| Last checked: Sunday Nov 19, 2023 6:19 AM EST |
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Defendant
TIMOTHY CAMPION
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Represented By
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Defendant
CHIEF EDWARD BACHERT
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Represented By
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Defendant
CHARLES F ZURICK, III
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Represented By
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Defendant
CINDY WITMAN
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Represented By
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Defendant
OFFICER JOSE VAZQUEZ
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Represented By
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Defendant
OFFICER ERIC TOSAD
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Represented By
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Defendant
OFFICER RICHARD PENN
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Represented By
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Defendant
OFFICER RICHARD KRASLEY
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Represented By
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Defendant
GARREN KNOLL
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Represented By
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Defendant
BOROUGH MANAGER ERIC GRATZ
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Represented By
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Defendant
OFFICER STEVEN FRITZINGER
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Represented By
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Defendant
JOHN DOES 1-10
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Defendant
OFFICER MATTHEW DEVERS
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Represented By
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Defendant
BARRY COHEN
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Represented By
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Defendant
BASE ENGINEERING, INC.
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Represented By
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Plaintiff
EQUINOX PROPERTY MANAGEMENT, INC.
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Represented By
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Plaintiff
STELLA CADENTE INVESTMENTS, LLC
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Represented By
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Plaintiff
EQUINOX ADVANTAGE REAL ESTATE I, INC.
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Represented By
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Plaintiff
SEAN PATRICK BURKE
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Represented By
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GPO
Nov 20 2023
MEMORANDUM AND/OR OPINIONOF 11/20/23. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 11/20/23. 11/21/23 ENTERED AND COPIES E-MAILED.(DT) |
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GPO
Nov 20 2023
ORDER OF 11/20/23 FOR THE REASONS STATED IN THE MEMORANDUM OPINION THAT DEFENDANT BASE ENGINEERING, INC., ET AL'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (ECF 25) IS DENIED AS MOOT. FURTHER ORDERED THAT DEFENDANT ZURICK'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (ECF NO. 33) IS GRANTED IN PART AND DENIED IN PART. ETC. DEFENDANT BASE ENGINEERING INC., ET AL'S MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF NO. 34) IS GRANTED IN PART AND DENIED IN PART. ETC. FURTHER ORDERED THAT DEFENDANT BACHERT ET AL'S MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF NO. 37) IS GRANTED IN PART AND DENIED IN PART. ETC. FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO TERMINATE THE CASE AS IT PERTAINS TO DEFENDANTS PENN, VAZQUEZ, TOSADO, KRASLEY AND BASE ENGINEERING INC. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 11/20/23. 11/21/23 ENTERED AND COPIES E-MAILED. (DT) |
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GPO
Jun 12 2024
MEMORANDUM AND/OR OPINION. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 6/12/24. 6/12/24 ENTERED AND COPIES E-MAILED.(DT) |
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GPO
Jun 12 2024
ORDER OF 6/12/24 FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM/OPINION IT IS HEREBY ORDERED THAT DEFENDANTS, CHIEF EDWARD BACHERT, OFFICER STEVEN FRITZINGER, OFFICER MATTHEW DEVERS AND BOROUGH MANAGER ERIC GRATZ'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 76) IS GRANTED IN PART. a. DEFENDANTS' MOTION IS GRANTED AS TO COUNTS I, III AND IV. b. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT BACHERT AND AGAINST PLAINTIFFS AS TO COUNTS III. c. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT FRITZINGER AND DEVERS AS TO COUNT I. d. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT GRATZ AS TO COUNT IV. ETC. THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS' REMAINING STATE LAW CLAIMS FOR MALICIOUS PROSECUTION (COUNT II) AND TRESPASS (COUNT V), AND THEY ARE DISMISSED WITHOUT PREJUDICE AS TO DEFENDANTS BACHERT, FRITZINGER AND DEVERS. ETC. FURTHER ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT CHARLES F. ZURICK, III (ECF NO. 81) IS GRANTED IN PART. a. DEFENDANT ZURICK'S MOTION IS GRANTED AS TO COUNTS IV. ETC. b. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT ZURCIK AND AGAINST PLAINTIFFS AS TO COUNT IV.(CIVIL RIGHTS CONSPIRACY). c. THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS' REMAINING STATE LAW CLAIM FOR TRESPASS (COUNT V), AND IT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT ZURICK. FURTHER ORDERED THAT PLAINTIFFS' NOTION OF MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 88) IS DENIED. FURTHER ORDERED THAT THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OF DEFENDANT ZURICK'S STATE LAW COUNTERCLAIMS FOR PRIVATE NUISANCE (COUNT 1) INVASTION OF PRIVACY (COUNT II) AND THEY ARE DISMISSED WITHOUT PREJUDICE AS TO PLAINTIFFS. FURTHER ORDERED THAT DEFENDANTS, CHIEF EDWARD BACHERT, OFFICER STEVEN FRITZINGER, OFFICER MATTHEW DEVERS AND BOROUGH MANAGER ERIC GRATZ'S MOTION IN LIMINE TO PRECLUDE FROM TRIAL THE OPINION TESTIMONY OF PLAINTIFF'S PROFFERED POLICE EXPERT TIMOTHY DIXON (ECF NO. 78) IS DENIED AS MOOT. DEFENDANTS, CHIEF EDWARD BACHERT, OFFICER STEVEN FRITZINGER, OFFICER MATTHEW DEVERS AND BOROUGH MANAGER ERIC GRATZ'S MOTION IN LIMINE TO PRECLUDE FROM TRIAL THE OPINION AND TESTIMONY OF PLAINTFF'S PROFFERED PSYCHOLOGICAL EXPERT DR. ERIC R. COHEN, PHD (ECF NO. 79) IS DENIED AS MOOT. FURTHER ORDERED THAT DEFENDANTS, CHARLES F. ZURICK III'S MOTION TO PRECLUDE THE REPORT AND TESTIMONY OF PLAINTIFFS' PSYCHOLOGICAL EXPERT ERIC R. COHEN, PH.D. (ECF NO. 82) IS DENIED AS MOOT. FURTHER ORDERED THAT DEFENDANT CHARLES F. ZURICK, III'S MOTION TO PRECLUDE THE REPORT AND TESTIMONY OF PLAINTIFFS' ECONOMIC EXPERT ANDREW C. VERZILLI, M.B.A. (ECF NO. 84) IS DENIED AS MOOT. FURTHER ORDERED THAT PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' UNTIMELY FILINGS (ECF NO. 102) IS DENIED. FURTHER ORDERED THAT THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 6/12/24. 6/12/24 ENTERED AND COPIES E-MAILED. (DT). SIGNED BY DISTRICT JUDGE JOHN M. GALLAGHER ON 6/12/24. 6/12/24 ENTERED AND COPIES MAILED AND E-MAILED.(dt) |
| Docket last updated: 05/08/2025 11:59 PM EDT |
| Thursday, July 11, 2024 | ||
| 117 | 117
appeal
USCA Notice of Docketing ROA
Thu 07/11 12:03 PM
NOTICE of Docketing Record on Appeal from USCA re116 Notice of Appeal (Credit Card Payment) filed by STELLA CADENTE INVESTMENTS, LLC, EQUINOX ADVANTAGE REAL ESTATE I, INC., SEAN PATRICK BURKE, EQUINOX PROPERTY MANAGEMENT, INC.. USCA Case Number 24-2237 (mas) |
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| Monday, July 08, 2024 | ||
| 116 | 116
appeal
Notice of Appeal (Credit Card Payment)
Mon 07/08 4:38 PM
NOTICE OF APPEAL by SEAN PATRICK BURKE, EQUINOX ADVANTAGE REAL ESTATE I, INC., EQUINOX PROPERTY MANAGEMENT, INC., STELLA CADENTE INVESTMENTS, LLC. Filing fee $ 605, receipt number APAEDC-17585216. IFP N (O'Hanlon, Stephen) |
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