PARKER v. CAREY et al

Filing 15

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN PART. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF AS TO PLAINTIFF'S CLAIMS UNDER THE CLEAN WATER ACT AND NATIONAL HISTORIC PRESERVATION ACT. THE CLERK SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/11/2012. 12/13/2012 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED. (aeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Ruth Parker,
Plaintiff, Pro se

CIVIL ACTION
NO. 12-4267

v.
Dennis L. and Diane Carey,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
IN PART
AND NOW, this 11th day of December, 2012, upon consideration of Defendants’
Motion for Summary Judgment (ECF 5), Plaintiff’s Motion for Change of Venue and Dismissal
of Summary Judgment (ECF 10), and Defendants’ Reply (ECF 11), and the arguments put forth
at the oral argument on December 11, 2012, and for the reasons stated in the Memorandum of
Law issued on this day, it is hereby ORDERED as follows:
1.

Defendant’s Motion for Summary Judgment (ECF 5) is GRANTED in part, as to

Plaintiff’s federal claims under the Clean Water Act and National Historic Preservation Act.
2.

Plaintiff’s cause of action for trespass is DISMISSED without prejudice.

3.

Plaintiff’s Motion for Change of Venue and Dismissal of Summary Judgment

(ECF 10) is DENIED.
4.

Judgment is ENTERED in favor of Defendant and against Plaintiff as to

Plaintiff’s claims under the Clean Water Act and National Historic Preservation Act.
5.

The Clerk shall close this case.
BY THE COURT:
/s/ Michael M. Baylson
__________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\CIVIL 12\12-4267 parker v. carey\12-4267 Order S.J..docx.