ROUTES 202 AND 309 AND NOVELTIES GIFTS, INC. v. THE KINGS MEN et al

Filing 80

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE AN ANSWER TO DEFENDANTS' COUNTERCLAIM (DOC. NO.75) IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO.53) AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO .52) IS DENIED. PLAINTIFF'S MOTION TO PRECLUDE DEFENDANT'S USE OF EXPERT TESTIMONY (DOC. NO.65) IS DENIED WITHOUT PREJUDICE. A TELEPHONE STATUS CONFERENCE SET FOR 3/13/2014 AT 02:00 PM BEFORE CHIEF JUDGE PETRESE B. TUCKER.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 3/7/2014. 3/7/2014 ENTERED AND COPIES E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROUTES 202 AND 309 AND NOVELTIES
GIFTS, INC.,
Plaintiff,
v.
THE KINGS MEN et al,
Defendants.

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CIVIL ACTION
NO. 11-5822

ORDER
AND NOW, this ____ day of March, 2014, upon consideration of Plaintiff’s Motion for
Leave to File an Answer to Defendants’ Counterclaim (Dk. at 75) and Defendants’ Response in
Opposition thereto (Dk. at 78), IT IS HEREBY ORDERED AND DECREED that Plaintiff’s
Motion is DENIED.1
IT IS FURTHER ORDERED, upon consideration of Plaintiff’s Motion for Summary
Judgment on Defendants’ Counterclaim (Dk. at 53), Defendants’ Motion for Summary Judgment
(Dk. at 52), and all relevant responses, that both motions for summary judgment are DENIED.
IT IS FURTHER ORDERED, upon consideration of Plaintiff’s Motion to Preclude
Defendant’s Use of Expert Testimony (Dk. at 65), that Plaintiff’s Motion is DENIED WITHOUT
PREJUDICE.2

1

2

This Order accompanies the Court’s Memorandum Opinion dated March 6, 2014.

Plaintiff’s Motion to Preclude, which is essentially a motion in limine, was filed in anticipation
of this matter proceeding to trial on August 12, 2013. However, after the Plaintiff’s Motion to Preclude
was filed, the Court granted Defendants’ Motion to Stay all Deadlines Pending Ruling on Motions for
Summary Judgment. (See Dk. at 67, 76.) The Court has now decided the cross-motions for summary
judgment, and the stay has therefore been lifted. Given the amount of time which has elapsed since the
Motion to Preclude was filed, the Motion is outdated. The Court denies the Motion for Preclude for this
reason only, and grants Plaintiff leave to refile the Motion after a status conference is held.

IT IS FURTHER ORDERED that the Clerk of Court shall lift the stay previously entered
in this matter.
IT IS FURTHER ORDERED that a TELEPHONE STATUS CONFERENCE shall be
held on March 13, 2014 at 2:00 pm. Plaintiff’s counsel shall initiate the telephone call, and contact
the Court once all parties have convened on the line. Chambers can be reached by dialing (267) 2997610.

BY THE COURT:
/s/ Petrese B. Tucker
__________________________
Hon. Petrese B. Tucker, C. J.