Opinion
Civil Action 3:20-1695
05-16-2023
DENISE ANN CROOKER, Plaintiff, v. TESSITORE, et al., Defendants.
ORDER
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE
In light of the memorandum issued on the same day, IT IS HEREBY ORDERED THAT:
(1) Judge Schwab's report and recommendation, (Doc. 116), is ADOPTED IN ITS ENTIRETY.
(2) The defendants' motion for summary judgment, (Doc. 99), is GRANTED IN PART.
a. The motion is GRANTED on:
i. Counts I, III, IV, and V.
ii. Count II as it pertains to the search warrant, seizure of the animals, the arrest of the plaintiff, and the living animals. Count II is now limited to determine if plaintiff's due process rights were violated with the euthanasia of Kelly/Elizabeth.
(3) The parties shall both file supplemental briefing by June 9, 2023 to address whether Camp Pampillon and Pocono Peak Veterinary Center are state actors as required to bring a due process claim.
(4) If the parties so choose, they may file a responsive brief by June 16, 2023.