FRANKENTEK RESIDENTIAL SYSTEMS, LLC v. BUERGER et al

Filing 65

ORDER of MEMORANDUM AND/OR OPINION (ECF NO. 64)that. MY MARCH 27, 2014 ORDER (ECF NO. 60) IS VACATED.. FRANKENTEK'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE COUNTERCLAIMS IS DENIED AS FOLLOWS:. ON THE BREACH OF CONTRACT COUNTERCLAIMS, THE MOTION IS DENIED; AND. ON THE INVASION OF PRIVACY, CONCERSION AND TREPASS COUNTERCLAIMS, THE MOTION IS GRANTED AS UNCONTESTED BY THE BUERGERS.. SIGNED BY HONORABLE ANITA B. BRODY ON 4/24/2014. 4/24/2014 ENTERED AND COPIES VIA ECF(mo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FRANKENTEK RESIDENTIAL
SYSTEMS, LLC,

:
:

Plaintiff,

:

CIVIL ACTION

v.

:

No. 2:12-cv-00767

REID BUERGER, et al.,
Defendants.
FRANKENTEK RESIDENTIAL
SYSTEMS, LLC,

:
:
:
:

Plaintiff,

:

CIVIL ACTION

v.

:

No. 2:12-cv-03505

REID BUERGER, et al.,
Defendants.
FRANKENTEK RESIDENTIAL
SYSTEMS, LLC,

:
:
:
:

Plaintiff,

:

CIVIL ACTION

v.

:

No. 2:12-cv-00768

ALAN BUERGER, et al.,
Defendants.

:
:

ORDER
AND NOW, this ___24th ___ day of April, 2014, in Civil Action No. 2:12-cv-00767, it is
ORDERED as follows:
My March 27, 2014 order [ECF No. 65] is VACATED;
Frankentek’s motion for partial summary judgment on the counterclaims is
GRANTED in part and DENIED in part as follows:
On the breach of contract counterclaims, the motion is DENIED;

On the Pennsylvania statutory counterclaim and the New Jersey statutory
counterclaim, the motion is DENIED;
On the invasion of privacy counterclaim with respect to the Pennsylvania
Property, the motion is GRANTED as conceded by the Buergers; and
On the invasion of privacy counterclaim with respect to the New Jersey
Property, the conversion counterclaim with respect to both properties, and the
trespass counterclaim with respect to both properties, the motion is
GRANTED.

AND NOW, this __24th___ day of April, 2014, in Civil Action No. 2:12-cv-03505, it is
ORDERED as follows:
My March 27, 2014 order [ECF No. 41] is VACATED;
As stipulated by Frankentek on the record on April 22, 2014, Frankentek’s claims,
with the exception of the claim for the New Jersey Prompt Payment Act, are
DISMISSED;
As stipulated by the Buergers on the record on April 22, 2014, the Buergers’
counterclaims are DISMISSED; and
Frankentek’s motion for partial summary judgment on the counterclaims is DENIED
as moot.

AND NOW, this _24th ____ day of April, 2014, in Civil Action No. 2:12-cv-00768, it is
ORDERED as follows:
My March 27, 2014 order [ECF No. 60] is VACATED;

Frankentek’s motion for partial summary judgment on the counterclaims is DENIED
as follows:
On the breach of contract counterclaims, the motion is DENIED; and
On the invasion of privacy, conversion, and trespass counterclaims, the
motion is GRANTED as uncontested by the Buergers.

s/Anita B. Brody
____________________________________
ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: