BROWN v. DIGUGLIELMO et al

Filing 269

ORDER OF MEMORANDUM AND/OR OPINION (ECF NO. 268) that. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 200 ) IS DENIED.. COMMONWEALTH DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 197) IS GRANTED IN PART AND DENIED IN PART..... THIS CASE WILL BE SET FOR TRIAL BY SEPARATE ORDER.. SIGNED BY HONORABLE ANITA B. BRODY ON 1/7/2016. 1/8/2016 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
ALTON D. BROWN,
Plaintiff,
v.
DAVID DIGUGLIELMO, et al.,
Defendants.

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CIVIL ACTION
NO. 07-3771

ORDER
AND NOW, this __7th__ day of ____January______, 2016, it is ORDERED that:


Plaintiff’s Motion for Partial Summary Judgment (ECF No. 200) is DENIED.



Commonwealth Defendants’ Motion for Summary Judgment (ECF No. 197) is GRANTED
in part and DENIED in part.
o Commonwealth Defendants’ Motion for Summary Judgment is GRANTED as to:


Plaintiff’s environmental tobacco smoke (“ETS”) future injury claim for
declaratory or equitable relief, including injunctive relief, against all
Defendants.



Plaintiff’s ETS future injury claim for damages against Defendants John
Nafus, Glenn Given, Robert Cox, and twenty-nine John and Jane Does.

o Commonwealth Defendants’ Motion for Summary Judgment is DENIED as to:


Plaintiff’s ETS future injury claim for damages against Defendants David
Diguglielmo, Scott Williamson, William Banta, Dereck White, Charles
Judge, and Jeff Zimmerman.

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The case will be set for trial by separate order.
s/Anita B. Brody
________________________
ANITA B. BRODY, J.

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