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Walsh v. Krantz

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 18, 2009

RORY M. WALSH, INDIVIDUALLY AND AS NATURAL GUARDIAN OF C.R.W., A MINOR, PLAINTIFF
v.
DR. ROBERT KRANTZ, UNKNOWN DALLASTOWN STAFF MEMBER, AND DALLASTOWN AREA SCHOOL DISTRICT, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 18th day of December, 2009, upon consideration of the report of the magistrate judge (Doc. 195), recommending that the motion (Doc. 182) for summary judgment filed by defendants Krantz and Dallastown Area School District be granted, and that the motion (Doc. 184) for summary judgment filed by plaintiff be denied, that summary judgment be entered sua sponte in favor of defendant unknown Dallastown staff member, and that the case be closed, and upon further consideration of the objections (Doc. 199) filed by plaintiff,*fn1 and, following an independent review of the record, it appearing that plaintiff claims that defendant Krantz eavesdropped on a telephone conversation between plaintiff and his son C.R.W.*fn2 in violation of the Federal Wiretapping Act, the Pennsylvania Wiretap Act, and the Fourth Amendment,*fn3 and it further appearing that defendants contend that plaintiff has failed to establish a violation of any of these laws,*fn4 and the court finding that there are no genuine disputes as to any material facts,*fn5 and the court concluding that plaintiff's evidence is insufficient to establish the essential elements of his case, see Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986), and that plaintiff's arguments regarding defendants' "lack of evidence" are therefore immaterial,*fn6 and the court further concluding that plaintiff's argument that Krantz admitted liability is frivolous,*fn7 and that plaintiff's request to name Judy Keeney as the unknown Dallastown staff member is futile,*fn8 it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 195) is ADOPTED.

2. Defendants' motion for summary judgment (Docs. 182) is GRANTED.

3. Plaintiff's motion for summary judgment (Docs. 184) is DENIED.

4. Summary judgment is GRANTED in favor of defendant unknown Dallastown staff member.

5. The Clerk of Court is instructed to enter JUDGMENT in favor of defendants and against plaintiff on all claims.

6. The Clerk of Court is directed to CLOSE this case.


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