Opinion
Civil Action 3:18-CV-1574
02-16-2022
ROBERT C. BOLUS, SR., Plaintiff v. UNITED STATES SECRET SERVICE, et al., Defendants
RAMBO, D.J.
REPORT & RECOMMENDATION
WILLIAM I. ARBUCKLE U.S. MAGISTRATE JUDGE.
I. INTRODUCTION
On August 23, 2019, I issued a Report & Recommendation on a motion to dismiss (Doc. 14) filed by Defendants Mohegan Sun Arena at Casey Plaza, Luzerne County Convention Center Authority, and SMG (Doc. 18). At the conclusion of that Report, I recommended that the motion be granted in full, and that “moving Defendants, SMG and Luzerne County Convention Center Authority be removed from the case.” (Doc. 18, p. 11). The “Recommendation” section of the Report did not address Defendant Mohegan Sun Arena at Casey Plaza. No party objected to the Report or requested further clarification. However, Defendant “Mohegan Sun Arena at Casey Plaza” was never terminated from this case. This omission was an error, and warrants clarification.
Accordingly, it is RECOMMENDED that:
(1) Defendant Mohegan Sun Arena at Casey Plaza be terminated from this case pursuant to the August 23, 2019 Report and Recommendation (Doc. 18).
(2) The Clerk of Court be DIRECTED to close this case.
II. BACKGROUND & PROCEDURAL HISTORY
According to his complaint, Plaintiff, and several of his employees, drove his three (3) tractor trailers, decorated in support of President Trump and several Republican candidates, to a rally for President Trump at the Mohegan Sun Arena. (Doc. 5, ¶¶ 21-25, 28, 33). Plaintiff arrived at approximately 11:30 am on August 2, 2018. Id. at ¶ 33. According to Plaintiff, each tractor trailer would have occupied roughly two and one half parking spaces, and he was willing to pay for all of the parking spots that his tractor trailers occupied. Id. at ¶ 37.
Upon Plaintiff's arrival, Defendant United States Secret Service (“Secret Service”) approached Plaintiff. Id. at ¶ 38. The Secret Service informed Plaintiff that his tractor trailers would need to be inspected by drug sniffing canines, which Plaintiff consented to. Id. at ¶ 47. Plaintiff also opened a portal to the trailer, demonstrating to Secret Service that the tractor trailers were empty. Id. at ¶ 50. Secret Service told Plaintiff that regardless of the canines' findings, he would have to move his tractor trailers outside of the main parking area. Id. at ¶ 54.
Plaintiff argued that moving the tractor trailers would hide their visibility, and Plaintiff maintained that this would in turn silence his political speech under the First Amendment. Id. at ¶ 55. Plaintiff alleges that the named defendants knowingly violated his First Amendment right to Free Speech when they directed Plaintiff to move his tractor trailers. Id. at ¶ 66. Plaintiff also alleges that the named defendants violated his rights secured by the Equal Protection Clause of the Fourteenth Amendment to the Constitution, arguing that other than his political speech and his type of vehicle, he was similarly situated to the other attendees but treated differently. Id. at ¶¶ 69-72. Plaintiff is of the belief that there was no uniform policy for the inspection of vehicles for safety purposes, and he was unfairly singled out because of the political speech displayed on his tractor trailers. Id. at ¶¶ 56-57.
On August 8, 2018, Plaintiff filed a pro se complaint with this Court. (Doc. 1). As Defendants, Plaintiff named:
(1) United States Secret Service;
(2) Mohegan Sun Arena at Casey Plaza;
(3) Luzerne County Convention Center Authority; and
(4) SMG.
On January 18, 2019, Defendants Mohegan Sun Arena at Casey Plaza, Luzerne County Convention Center Authority, and SMG (“Moving Defendants”) filed a motion to dismiss. (Doc. 14). Along with their motion, Moving Defendants filed a brief in support. (Doc. 15). Plaintiff was directed to file a brief in opposition (Doc. 16), but failed to do so. In fact, Plaintiff has not filed any document in this case since January of 2019.
On August 23, 2019, I issued a Report & Recommendation recommending that the motion to dismiss be granted in full. (Doc. 18). At the conclusion of the Report, I recommended that:
(1) Defendants' Motion to Dismiss be GRANTED IN FULL;
(2) The moving Defendants, SMG and Luzerne County Convention Center Authority, be removed from the case.(Doc. 18, p. 11). Defendant Mohegan Sun Arena at Casey Plaza was inadvertently omitted from the list of “moving Defendants.” No party filed objections.
On November 1, 2019, Judge Rambo issued an order adopting the Report & Recommendation, granting Defendants' motion to dismiss, and directing that Defendants Luzerne County Convention Center Authority and SMG be removed from the case. (Doc. 19).
Defendant Mohegan Sun Arena at Casey Plaza was left on the docket. No party objected to or sought clarification of the status of Defendant Mohegan Sun Arena at Casey Plaza..
Currently, Defendant Mohegan Sun Arena at Casey Plaza is the only Defendant remaining in this case.
III. ANALYSIS
In this case, the name Mohegan Sun Arena at Casey Plaza is merely a descriptive of Defendant Luzerne County Convention Center Authority. It is not a separate legal entity.
Pennsylvania's Fictitious Names Act, 54 Pa. Cons. Stat. § 301 et seq., allows “entities” to register those names so that the public (or those doing business with others operating under a fictitious name) can find out who owns it. See 54 Pa. Cons. Stat. § 302 (defining “entity” as any “individual or any corporation, association, partnership, joint-stock company, business trust, syndicate, joint adventureship or other combination or group of persons, regardless of whether it is organized or formed under the laws of this Commonwealth or any other jurisdiction.”). “The use of a fictitious name does not create a separate legal entity but is merely descriptive of a person or corporation who does business under another name.” Parks v. Woodbridge Golf Club, Inc., 2016 WL 8716606 at *5 (E.D. Pa. July 22, 2016) (quoting Burlington Coat Factory of Pa., LLC v. Grace Const. Mgmt. Co., LLC, 126 A.3d 1010, 1024 (Pa. Super. 2015).
All claims against Defendant Luzerne County Convention Center Authority have been dismissed. The August 2019 Report & Recommendation recommends that the motion to dismiss (Doc. 18) be granted in full. Accordingly, it is clarified that the August 2019 Report & Recommendation recommended the dismissal of all claims against Defendants: “Mohegan Sun Arena at Casey Plaza”; Luzerne County Convention Center; and SMG.
IV. RECOMMENDATION
Accordingly, it is RECOMMENDED that:
(1) Defendant Mohegan Sun Arena at Casey Plaza be terminated from this case pursuant to the August 23, 2019 Report and Recommendation.
(2) The Clerk of Court be DIRECTED to close this case.