HOUSE v. SMITH et al, No. 2:2018cv04283 - Document 46 (E.D. Pa. 2021)

Court Description: ORDER THAT THE MOTIONS FOR DEFAULT JUDGMENT, ECF NOS. 40 , 44 , ARE CONDITIONALLY GRANTED IN PART, PENDING A DAMAGES HEARING AT WHICH HOUSE WILL BE REQUIRED TO ESTABLISH DAMAGES AS TO HIS FOURTH AMENDMENT ILLEGAL SEARCH CLAIM AND HIS CLAIM FOR MALI CIOUS PROSECUTION OF THE RETAIL THEFT AND RECEIVING STOLEN PROPERTY CHARGES; HOUSES CLAIMS THAT THE ILLEGAL SEARCH, MALICIOUS PROSECUTION, AND ALLEGEDLY FALSE ARREST ALSO VIOLATED HIS FIFTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHTS, AS WELL AS HIS MAL ICIOUS PROSECUTION CLAIMS RELATING TO THE HARASSMENT AND DISORDERLY CONDUCT CHARGES, ARE DISMISSED WITH PREJUDICE; A DAMAGES HEARING IS SCHEDULED BEFORE THE HONORABLE JOSEPH F. LEESON, JR. FOR SEPTEMBER 22, 2021, AT 2:00 P.M., AT THE EDWARD N. CAHN C OURTHOUSE AND FEDERAL BUILDING, THIRD FLOOR, COURTROOM C, 504 HAMILTON STREET, ALLENTOWN, PENNSYLVANIA 18101; BOTH PARTIES SHALL BE PRESENT AT THE HEARING; 5. HOUSE SHALL BE PREPARED TO OFFER TESTIMONY AND/OR EVIDENCE TO SUPPORT DAMAGES AS TO HIS FOU RTH AMENDMENT ILLEGAL SEARCH CLAIM AND HIS CLAIM FOR MALICIOUS PROSECUTION OF THE RETAIL THEFT AND RECEIVING STOLEN PROPERTY CHARGES; HOUSE IS ADVISED THAT IF HE FAILS TO APPEAR FOR THE DAMAGES HEARING, THE CASE WILL BE DISMISSED FOR FAILURE TO PROSE CUTE; AND THE CLERK OF COURT IS DIRECTED TO SEND COPIES OF THE OPINION AND ORDER TO THE PARTIES AT THE ADDRESSES OF RECORD AND, ADDITIONALLY, TO: DEVON SMITH, 423 BEVERLY BLVD, UPPER DARBY, PA 19082-3714; JUAN HOUSE, 1221 RACE STREET, PHILADELPHIA, PA 19107. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/28/21. 7/28/21 ENTERED AND COPIES MAILED TO PRO SE AND UNREP.(mas, )