OETTING v. HEFFLER, RADETICH & SAITTA, LLP

Filing 121

ORDER THAT DEFENDANTS MOTION FOR RECONSIDERATION OR IN THE ALTERNATIVE TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED,SUA SPONTE IN FAVOR OF DEFENDANTS HEFFLER, RADETIC H & SAITTA, LLP, EDWARD J. SINCAVAGE, EDWARD RADETICH AND MICHAEL BANCROFT AND AGAINST PLAINTIFF JAMES OETTING, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/15/17. 12/18/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES OETTING, Individually and on
behalf of all others similarly situated,
Plaintiff,

CIVIL ACTION

v.
NO. 11-4757
HEFFLER, RADETICH & SAITTA, LLP,
EDWARD J. SINCAVAGE,
EDWARD J. RADETICH, JR., and
MICHAEL T. BANCROFT,
Defendants.
ORDER
AND NOW, this 15th day of December, 2017, upon consideration of defendants’ Motion
for Reconsideration or, in the Alternative, to Certify Order for Interlocutory Appeal (Doc. No.
118), and plaintiffs’ Reply (sic) to Defendants’ Motion for Reconsideration or, in the Alternative,
to Certify Order for Interlocutory Appeal (Doc. No. 119), for the reasons stated in the
accompanying Memorandum dated December 15, 2017, IT IS ORDERED that part of
defendants’ Motion seeking reconsideration of application of the Missouri savings statute, Mo.
Ann. Stat. § 516.230, to two legally distinct plaintiffs is GRANTED. The Court
DETERMINES that the Missouri savings statute is inapplicable to the claims in this case.
Defendant’s Motion for Reconsideration is DENIED in all other respects.
The Court having concluded that the applicable Pennsylvania statute of limitations
expired on November 20, 2010, and that this case was not filed until February 8, 2011, IT IS
FURTHERED ORDERED that JUDGMENT IS ENTERED, sua sponte, in favor of
defendants Heffler, Radetich & Saitta, LLP, Edward J. Sincavage, Edward J. Radetich, Jr., and
Michael T. Bancroft, and against plaintiff James Oetting, individually and on behalf of all others
similarly situated.

IT IS FURTHER ORDERED that, excepting only as set forth above and in the
Memorandum dated December 15, 2017, the Memorandum & Order dated August 11, 2017
(Doc. Nos. 116, 117), continues in effect.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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