55 KENMORE LANE LLC v. UPPER PROVIDENCE TOWNSHIP et al

Filing 43

ORDER THAT DEFENDANTS MOTION FOR RECONSIDERATION OF THE COURTS ORDER OF 11/15/2010 IS GRANTED AS UNOPPOSED WITH RESPECT TO PLAINTIFF'S CLAIMS AGAINST DEFENDANT UPPER PROVIDENCE TOWNSHIP. ALL CLAIMS AGAINST UPPER PROVIDENCE TOWNSHIP SHALL BE DISM ISSED. THE CLERK OF COURT IS DIRECTED TO MODIFY THE CASE CAPTIONED AS TO REFLECT THAT UPPER PROVIDENCE TOWNSHIP SEWER AUTHORITY IS THE ONLY REMAINING DEFENDANT. DEFEDANTS MOTION IS GRANTED WITH RESPECT TO PLAINTIFF'S MISREPRESENTATAION CLAIM SET OUT IN COUNT THREE. COUNT THREE SHALL BE DISMISSED IN ITS ENTIRETY. DEFENDANTS' MOTION IS DENEID WITH RESPECT TO THEIR REQUEST TO DISMISS THE REMAINING CLAIMS WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT TRIAL ON THOSE CLAIMS SET OUT IN COUNTS 2,4,5 AND 6 AGAINST DEFENDANT UPPER PROVIDENCE TOWNSHIP SEWER AUTHORITY SHALL COMMENCE AS SCHEDULED ON 12/6/2010 AT 9:30 AM IN COURTROOM 3H. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 11/30/2010. 12/1/2010 ENTERED AND COPIES E-MAILED.(sg, )

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55 KENMORE LANE LLC v. UPPER PROVIDENCE TOWNSHIP SEWER AUTHORITY Doc. 43 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA 55 KENMORE LANE, LLC, Assignee of Kenmore Woods, LLC Plaintiff, v. UPPER PROVIDENCE TOWNSHIP, UPPER PROVIDENCE TOWNSHIP SEWER AUTHORITY, Defendants. : : : : : : : : : : : : CIVIL ACTION NO. 10-1089 ORDER AND NOW, this 30th day of November, 2010, upon consideration of "Defendants', Upper Providence Township and Upper Providence Township Sewer Authority, Motion for Reconsideration" (Doc. 31) of the Court's Order of November 15, 2010, and Plaintiff's "Answer of Plaintiff, Kenmore Woods, LLC, to Motion for Reconsideration of Upper Providence Township and Upper Providence Township Sewer Authority" (Doc. 35), it is hereby ORDERED that: 1. Defendants' Motion is GRANTED as unopposed with respect to Plaintiff's claims against Defendant Upper Providence Township. All claims against Upper Providence Township shall be DISMISSED. The Clerk of Court is directed to modify the case caption accordingly so as to reflect that Upper Providence Township Sewer Authority is the only remaining defendant. 2. Defendants' Motion is GRANTED with respect to Plaintiff's misrepresentation claim set out in Count Three. Count Three shall be DISMISSED in its entirety. Dockets.Justia.com 3. Defendants' Motion is DENIED with respect to their request to dismiss the remaining claims without prejudice, pursuant to 28 U.S.C. 1367(c). IT IS FURTHER ORDERED that trial on those claims set out in Counts Two, Four, Five and Six against Defendant Upper Providence Township Sewer Authority shall commence as scheduled on Monday, December 6, 2010 at 9:30 a.m. in Courtroom 3H. BY THE COURT: /s/ David R. Strawbridge DAVID R. STRAWBRIDGE UNITED STATES MAGISTRATE JUDGE

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