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Ronnie Suber v. Jon Guinta

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


February 28, 2013

RONNIE SUBER, BONGAI MHLOYI, AND JEREMIAH MHLOYI, INDIVIDUALLY, AND TOGETHER DOING BUSINESS AS "JB'S WEB", PLAINTIFF
v.
JON GUINTA; OFFICER KEUCH; OFFICER INGEMIE; OFFICER MILLER; OFFICER SIMPKINS; AND THE CITY OF COATESVILLE, DEFENDANTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 28th day of February, 2013, upon consider- ation of the following documents:

(1) Motion for Summary Judgment of Officer Robert Keuch, Officer Jeffrey J. Ingemie, Officer Shannon N. Miller, Officer Claude Simpkins, and The City of Coatesville filed November 26, 2012 (Document 32)("Motion for Summary Judgment"), together with,

(A) Brief in Support of Motion for Summary Judgment of Officer Robert Keuch, Officer Jeffrey J. Ingemie, Officer Shannon N. Miller, Officer Claude Simpkins, and The City of Coatesville (Document 32-2);

(B) Concise Statement of Material Undisputed Facts of Defendants Keuch, Ingemie, Miller, Simpkins, and The City of Coatesville (Document 33);

(C) Appendix of Exhibits in Support of Defendants' Motion for Summary Judgment (Document 34);

(D) Defendants' Exhibit A, Excerpt of Transcript of Deposition of Bongai Mhloyi taken November 7, 2011 (Document 34-1);

(E) Defendants' Exhibit B, Coatesville Police Department Incident Investigation Report No. 20070927M2698(01) completed by defendant Officer Jeffrey Ingemie on September 27, 2007 (Document 34-2);

(F) Defendants' Exhibit C, Coatesville Police Department Incident Investigation Report No. 20080327M3234(01) completed by Sergeant Brandon Harris on March 20, 2008 (Document 34-3);

(G) Defendants' Exhibit D, Coatesville Police Department Incident Investigation Report No. 20080409M3844(01) completed by Detective Ryan Wright on April 9, 2008 (Document 34-4);

(H) Defendants' Exhibit E, Excerpt of Transcript of Deposition of [Detective] Ryan Wright taken March 31, 2011 (Document 34-5);

(I) Defendants' Exhibit F, Coatesville Police Department Incident Investigation Report No. 20080509M5182(01) completed by defendant Officer Shannon N. Miller on May 9, 2008 (Document 34-6);

(J) Defendants' Exhibit G, Coatesville Police Department Incident Investigation Report No. 20080514M5364(01) completed by Detective Kevin Campbell on May 14, 2008, and Coates-ville Police Department Incident Investigation Report No. 20080514M5370(01) completed by defendant Officer Claude Simpkins on May 14, 2008 (Document 34-7);

(K) Defendants' Exhibit H, Coatesville Police Department Incident Investigation Report No. 20080623M7213(01) completed by Sergeant James Audette on June 21, 2008 (Document 34-8);

(L) Defendants' Exhibit I, Coatesville Police Department Incident Investigation Report No. 20080710M8035(01) completed by Sergeant James Pinto on July 10, 2008 (Document 34-9);

(M) Defendants' Exhibit J, Coatesville Police Department Incident Investigation Report Nos. 20080915M1111(01) and 20080915M1112(01) completed by defendant Corporal Jeffrey Ingemie on September 15, 2008 (Document 34-10);

(N) Defendants' Exhibit K, Coatesville Police Department Incident Investigation Report No. 20080831M0306(01) completed by Sergeant James Pinto on August 31, 2008 (Document 34-11);

(O) Defendants' Exhibit L, Coatesville Police Department Incident Investigation Report No. 20081110M3993(01) completed by defendant Officer Robert Kuech on November 10, 2008 (Document 34-12);

(P) Defendants' Exhibit M, Index of Incidents at JB's Web Bar summarizing incidents from January 9, 2007 through August 11, 2010 (Document 34-13);

(Q) Defendants' Exhibit N, Incident reports involving noise complaints from Mona Lisa London (Document 34-14), specifically,

(i) Coatesville Police Department Incident Investigation Report No. 20050820M2711(01) completed by Officer Joseph Carboni on August 20, 2005;

(ii) Coatesville Police Department Incident Investigation Report No. 20050910M3953(01) completed by Corporal Sean Knapp on September 10, 2005;

(iii) Coatesville Police Department Incident Investigation Report No. 20060118M0993(01) completed by Officer Guy Bruchstein on January 18, 2006;

(iv) Coatesville Police Department Incident Investigation Report No. 20060203M1671(01) completed by Officer James Audette on February 3, 2006;

(v) Coatesville Police Department Incident Investigation Report No. 20060203M1670(01) completed by Officer James Audette on February 3, 2006; and

(vi) Coatesville Police Department Incident Investigation Report No. 20060423M5661(01) completed by Officer James Audette on April 23, 2006;

(R) Defendants' Exhibit O, Excerpt of Transcript of Deposition of Robert Keuch taken March 31, 2011 (Document 34-15); and

(S) Defendants' Exhibit P, Excerpt of Transcript of Deposition of Claude Simpkins taken March 31, 2011 (Document 34-16); and

(2) Plaintiffs' Brief in Opposition to Defendants['] Motion for Summary Judgment, which brief in opposition was filed January 3, 2013 (Document 41), together with,

(A) Plaintiff[s'] Counterstatement of Disputed Material Facts (Document 40);

(B) Plaintiffs' Exhibits in Support of Their Brief in Opposition and Counterstatement of Disputed Material Facts (Document 40-1);

(C) Plaintiffs' Exhibit A, Transcript of Videotaped Deposition of Ronnie Suber taken November 7, 2011 (Document 40-2);

(D) Plaintiffs' Exhibit B, Transcript of Videotaped Deposition of Jeremiah Mhloyi taken November 7, 2011 (Document 40-3);

(E) Plaintiffs' Exhibit C, Transcript of Videotaped Deposition of Officer Wright taken March 31, 2011 (Document 40-4);

(F) Plaintiffs' Exhibit D, Transcript of Videotaped Deposition of Bongai Mhloyi taken November 7, 2011 (Document 40-5);

(G) Plaintiffs' Exhibit E, Transcript of Videotaped Deposition of [Officer] Claude Simpkins taken March 31, 2011 (Document 40-6);

(H) Plaintiffs' Exhibit F, Transcript of Videotaped Deposition of [Officer] Robert Kuech taken March 31, 2011 (Document 40-6);

(I) Plaintiffs' Exhibit G, Letter dated October 27, 2006 from Michal Bershad, Penn Vending Co., addressed "To whom it may concern:" at "J.B. Web Tavern, 302 W Lincoln, Coatesville, Pa" (Document 40-7);

(J) Plaintiffs' Exhibit H, Two letters dated March 18, 2009 and August 17, 2009, respectively, from Jane Melchior, Director, Bureau of Licensing, Pennsylvania Liquor Control Board, addressed to "Licensee" at "D Kendo, Inc., 302 W Lincoln Hwy, Coatesville PA 19320-3021" (Document 40-7);

(K) Plaintiffs' Exhibit I, Letter dated October 1, 2007 from Edward A. Taraskus, Esquire, counsel for D. Kendo, Inc., to Samuel Cohen, Esquire, hearing officer for the Pennsylvania Liquor Control Board (Document 40-8); and

(L) Plaintiffs' Exhibit J, City of Coatesville, Pennsylvania Building Permit Application and corresponding documents (Document 40-8); and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that the within Motion for Summary Judgment is granted.

IT IS FURTHER ORDERED that the judgment is hereby entered in favor of defendants Officer Robert Kuech, Officer Jefferey J. Ingemie, Officer Shannon N. Miller, and Officer Claude Simpkins, and The City of Coatesville, Pennsylvania and against plaintiffs Bongai Mhloyi and Jeremiah Mhloyi.

BY THE COURT:

JAMES KNOLL GARDNER

20130228

© 1992-2013 VersusLaw Inc.



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