MODICA v. MAPLE MEADOWS HOMEOWNERS ASSOCIATION et al

Filing 43

ORDERED THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 24) IS GRANTED. MOTIONS IN LIMINE (DOCKET NOS. 31, 32, 33, 34 AND 39) ARE DISMISSED AS MOOT. CROSS-CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE FINAL PRETRIAL CONFERENCE SCHEDULED FOR FEBRUARY 14, 2014 IS CANCELED AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/31/14. 1/31/14 ENTERED AND COPIES E-MAILED.(rab, ) .

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANNA MODICA, : : : : : : : : Plaintiff, v. MAPLE MEADOWS HOMEOWNERS ASSOCIATION et al., Defendants. CIVIL ACTION No. 13-0036 ORDER AND NOW, this 31st day of January, 2014, upon consideration of Maple Meadows Homeowners Association’s (“Maple Meadows”) Motion for Summary Judgment (Docket No. 24) and Ms. Modica’s Response thereto (Docket No. 25), it is HEREBY ORDERED that: 1. The Motion for Summary Judgment (Docket No. 24) IS GRANTED; 2. accordingly, the outstanding Motions in Limine (Docket Nos. 31, 32, 33, 34 & 39) are DISMISSED AS MOOT; 3. because each of Maple Meadows’ and CLC Landscapes, Inc.’s (“CLC”) crossclaims (Docket Nos. 4, 11) against the other was contingent upon the crossclaimant’s liability to Ms. Modica, the cross-claims are DISMISSED without prejudice; 1 4. the final pretrial conference scheduled for February 14, 2014, is canceled; and 5. the Clerk of Court shall MARK THIS CASE CLOSED for all purposes, including statistics. BY THE COURT: S/Gene E.K. Pratter GENE E.K. PRATTER United States District Judge 1 The parties stipulated to the dismissal without prejudice of claims against CLC (Docket No. 23), so neither Maple Meadows nor CLC has a claim, any longer, against the other. 1

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