HIRIAM HICKS, INC. v. SYNAGRO WWT, LLC

Filing 39

ORDER THAT SYNAGRO'S MOTION TO STRIKE 30 IS GRANTED; HHI'S MOTION TO AMEND 33 IS DENIED; HHI'S MOTION FOR PARTIAL SUMMARY JUDGMENT 22 IS GRANTED; SYNAGRO'S MOTION FOR SUMMARY JUDGMENT 23 IS DENIED; IN ACCORDANCE WITH LOC. R. CIV. P. 72.1 AND 28 U.S.C. 636(b)(3), THIS CASE IS REFERRED TO JUDGE JACOB P. HART TO ATTEMPT TO RESOLVE THIS CONTROVERSY; AND THE PARTIES SHALL COOPERATE IN ACCORDANCE WITH JUDGE HART'S INSTRUCTIONS, ETC. SIGNED BY HONORABLE STEWART DALZELL ON 5/31/12. 6/1/12 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HIRIAM HICKS, INC.
v.
SYNAGRO WWT, LLC

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CIVIL ACTION

NO. 11-3154

ORDER
AND NOW, this 31st day of May, 2012, upon consideration
of plaintiff and counterclaim defendant Hiriam Hicks, Inc.’s
(“HHI’s”) motion for partial summary judgment (docket entry #
22), defendant and counterclaim plaintiff Synagro WWT, LLC’s
(“Synagro’s”) motion for summary judgment (docket entry # 23),
Synagro’s motion to strike declaration of Hiriam Hicks (docket
entry # 30), HHI’s motion to amend or correct declaration (docket
entry # 33), and any memoranda, responses, replies, and exhibits
filed regarding these submissions, and upon the analysis set
forth in the accompanying Memorandum, it is hereby ORDERED that:
1.

Synagro’s motion to strike declaration of Hiriam

Hicks (docket entry # 30) is GRANTED;
2.

Those portions of Hiriam Hicks’ declaration (Ex. A

to docket entry # 26) setting forth (1) legal argument, (2)
summaries of exhibits, or (3) inadmissible hearsay are STRICKEN;
3.

HHI’s motion to amend or correct declaration

(docket entry # 33) is DENIED;

4.

HHI’s motion for partial summary judgment (docket

entry # 22) is GRANTED;
5.

Synagro’s motion for summary judgment (docket

entry # 23) is DENIED;
6.

In accordance with Loc. R. Civ. P. 72.1 and 28

U.S.C. § 636(b)(3), this case is REFERRED to Judge Jacob P. Hart
to attempt to resolve this controversy; and
7.

The parties shall COOPERATE in accordance with

Judge Hart’s instructions and shall make every effort to meet
with him at his earliest convenience.

BY THE COURT:

__\s\Stewart Dalzell

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