Montgomery v. City of Pittsburgh

Full title: KIM MONTGOMERY, Plaintiff, v. CITY OF PITTSBURGH, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Mar 2, 2018

2:16cv248 (W.D. Pa. Mar. 2, 2018)

Opinion

2:16cv248

03-02-2018

KIM MONTGOMERY, Plaintiff, v. CITY OF PITTSBURGH, Defendant.

David Stewart Cercone Senior United States District Judge

Electronic Filing

MEMORANDUM ORDER

AND NOW, this 2^nd day of March, 2018, upon due consideration of 1) defendant City of Pittsburgh's motion for summary judgment and the parties' submissions in conjunction therewith and 2) the Report and Recommendation of the Magistrate Judge addressing the same and the parties' submissions in conjunction therewith, and after de novo review of the record, IT IS ORDERED that [27] defendant's motion for summary judgment be, and the same hereby is, granted. The [48] Report and Recommendation of the Magistrate Judge as augmented therein is adopted as the opinion of the court.

Plaintiff's objections are without merit. Plaintiff's obligation at the pleading stage is to set forth factual averments that advance a plausible showing pursuant to a cognizable legal theory of entitlement to redress. Plaintiff's obligation at summary judgment is to identify sufficient evidence to permit a jury to find all of the elements in plaintiff's favor under a cognizable legal theory of entitlement to redress. Plaintiff is not a liberty to pick and choose tenants and doctrines from various separate and distinct theories of recovery developed under a broad remedial statutory scheme and then cobble them together in an incoherent fashion. Any attempt to do so, such as that which plaintiff has attempted here, falls short of meeting the showing needed to defeat a movant's adequate initial showing under Rule 56. Consequently, defendant's motion for summary judgment has been granted; and

IT FURTHER IS ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure if plaintiff desires to appeal from this Order she must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

s/David Stewart Cercone

David Stewart Cercone

Senior United States District Judge cc: The Honorable Robert C. Mitchell,

United States Magistrate Judge

Joel S. Sansone, Esquire

Elizabeth Turtle, Esquire

Massimo A. Terzigni, Esquire

Lourdes Sanchez Ridge, Esquire

Matthew S. McHale, Esquire

(Via CM/ECF Electronic Mail)