FUMO v. UNITED STATES OF AMERICA

Filing 29

ORDERED THAT DEFENDANTS MOTION TO EXCLUDE EXPERT TESTIMONY 16 IS DENIED. DEFENDANTS MOTION FOR SUMMARY JUDGMENT 9 IS DENIED. PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT 11 IS GRANTED. PLAINTIFF'S REQUEST FOR ATTORNEY'S FEES AND COSTS IS DENIED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT AS TO THE REASONABLENESS OF THE JEOPARDY ASSESSMENT AGAINST PLAINTIFF AND THE JEOPARDY ASSESSMENT SHALL BE ABATED IMMEDIATELY. ALL LIENS AND LEVIES PURSUANT TO THE AFORESAID JEOPARDY ASSESSMENT ARE TO BE IMMEDIATELY RELEASED. CIVIL ACTION NUMBER 13-3313 IS CLOSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/5/2014. 6/6/2014 ENTERED AND COPIES E-MAILED.(sg )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

VINCENT J. FUMO,
Plaintiff,
v.
UNITED STATES OF AMERICA
Defendant.

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CIVIL ACTION

NO.

13-3313

ORDER
AND NOW, this 5th day of June, 2014, upon consideration of (1) the Motion by
Defendant the United States of America (“Defendant”) for Summary Judgment (Docket No. 9),
Defendant’s Reply Brief (Docket No. 14), Defendant’s Motion to Exclude Expert Testimony
(Docket No. 16), and Defendant’s Response to Plaintiff’s Second Sur-Reply (Docket No. 27);
and (2) Plaintiff’s Cross-Motion for Summary Judgment (Docket No. 11), Plaintiff’s Sur-Reply
Brief (Docket No. 17), Plaintiff’s Memorandum in Opposition to Defendant’s Motion to Exclude
Expert Testimony (Docket No. 18), and Plaintiff’s letter brief submitted to the Court on March
20, 2014; and upon review of the declarations and exhibits submitted by the parties in
connection with these Motions, and having heard the parties’ arguments on March 18, 2014, it is
hereby ORDERED as follows:
1.
Defendant’s Motion to Exclude Expert Testimony (Docket No. 16) is
DENIED.
2.

Defendant’s Motion for Summary Judgment (Docket No. 9) is DENIED.

3.
Plaintiff’s Cross-Motion for Summary Judgment (Docket No. 11) is
GRANTED.

4.

Plaintiff’s request for attorney’s fees and costs is DENIED.

5.
JUDGMENT IS ENTERED in favor of Plaintiff and against Defendant
as to the reasonableness of the jeopardy assessment against Plaintiff and the
jeopardy assessment shall be abated (Civ. A. No. 13-3313).
6.

Civil Action Number 13-3313 is CLOSED.

It is so ORDERED.

BY THE COURT:

S/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.