CRADLE OF LIBERTY COUNCIL, INC., BOY SCOUTS OF AMERICA v. CITY OF PHILADELPHIA

Filing 41

ORDER THAT PLAINTIFFS MOTION IS DENIED IN PART AND GRANTED IN PART. IT IS HEREBY ORDERED THAT A HEARING ON THE ISSUE OF WHETHER THE COURT SHOULD REQUIRE BOND, AND IF SO, IN WHAT FORM OR AMOUNT IS SET FOR TUESDAY 1/19/2010 09:30 AM IN COURTROOM BEFORE HONORABLE RONALD L. BUCKWALTER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/6/2010. 1/7/2010 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CRADLE OF LIBERTY COUNCIL, INC., BOY SCOUTS OF AMERICA, Plaintiff, v. THE CITY OF PHILADELPHIA, Defendant.

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CIVIL ACTION

NO. 08-2429

ORDER

AND NOW, this 6th day of January, 2010, upon consideration of the Motion for Reconsideration of Plaintiff (Docket No. 31) as well as the Response of Defendant filed thereto (Docket No. 36), it is hereby ORDERED that Plaintiff's Motion is DENIED IN PART and GRANTED IN PART as follows: 1. Defendant City of Philadelphia's Motion for Reconsideration to vacate or modify the Preliminary Injunction enjoining the City "from taking any further steps to prosecute the ejectment action presently pending in the Philadelphia Court of Common Pleas" is DENIED. 2. Defendant City of Philadelphia's Motion for Reconsideration of the Court's omission of a bond to accompany issuance of the Preliminary Injunction is GRANTED. As such, it is hereby ORDERED that a hearing on the issue of whether the Court should require a bond pursuant to Rule 65(c), and if so, in what form or amount, shall be held on Tuesday,

January 19, 2010 at 9:30 A.M. in Courtroom 14A, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.