PERELMAN v. PERELMAN et al

Filing 42

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO STAY DISCOVERY (DOC. NO. 35) IS GRANTED. DISCOVERY MAY CONTINUE ONLY AS IT PERTAINS TO THE FACTUAL ISSUE OF WHETHER THERE IS A GENUINE ISSUE OF MATERIAL FACT WITH RESPECT TO THE PLAN'S ABILITY TO PAY PLAINIFF'S MONTHLY PENSION BENEFIT AS IT COMES DUE. ALL OTHER DISCOVERY IS STAYED UNTIL FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE JOHN R. PADOVA ON 8/3/2011. 8/3/2011 ENTERED AND COPIES E-MAILED. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEFFREY E. PERELMAN : : : : : v. RAYMOND G. PERELMAN, ET AL. CIVIL ACTION NO. 10-5622 ORDER AND NOW, this 3rd day of August, 2011, upon consideration of Defendants’ Motion to Stay Discovery (Docket No. 35), and Plaintiff’s response thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED as follows: 1. Defendants’ Motion is GRANTED insofar as it seeks to limit discovery to the issue of standing until we have decided Defendants’ Motion for Summary Judgment. 2. Discovery may continue only as it pertains to the factual issue of whether there is a genuine issue of material fact with respect to the Plan’s ability to pay Plaintiff’s monthly pension benefit as it comes due. 3. All other discovery is STAYED until further Order of this Court. BY THE COURT: /s/ John R. Padova ________________________ John R. Padova, J.

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