BERGER et al v. CUSHMAN & WAKEFIELD OF PENNSYLVANIA, INC. et al

Filing 178

ORDER THAT JOINT MOTION OF DEFTS CUSHMAN & WAKEFIELD OF PA, INC., BLANK ROME LLP, & COZEN O'CONNOR, P.C. FOR SUMMARY JUDGMENT ON ALL CLAIMS PURSUANT TO THE THRESHOLD ISSUE OF THE STATUTE OF LIMITATIONS IS DENIED; MOTION BY DEFTS BLANK ROME LLP, COZEN O'CONNOR, P.C. & CUSHMAN & WAFEFIELD OF PA, INC., FOR SUMMARY JUDGMENT AS TO THE CLAIMS OF PLFFS BERISH BERGER, ARDENLINK LIMITED, & TOWERSTATES LIMITED FOR LACK OF SUBJECT-MATTER JURISDICTION BASED UPON WANT OF STANDING IS GRANTED; & PLFFS BERISH BERGER, TOWERSTATES LIMITED, & ARDENLINK LIMITED ARE REMOVED FROM THE CAPTION. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/18/17.8/18/17 ENTERED AND COPIES E-MAILED AND FAXED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BERISH BERGER,
KILBRIDE INVESTMENTS LIMITED,
BUSYSTORE LIMITED IN
LIQUIDATION,
TOWERSTATES LIMITED,
BERGFELD CO. LIMITED, and
ARDENLINK LIMITED,
Plaintiffs,

CIVIL ACTION

NO. 13-5195

v.
CUSHMAN & WAKEFIELD OF
PENNSYLVANIA, INC.,
BLANK ROME LLP, and
COZEN O’CONNOR, P.C.,
Defendants,
and
CUSHMAN & WAKEFIELD OF
PENNSYLVANIA, INC.,
Third Party Plaintiff,
v.
CHAIM ZEV LEIFER,
HASKEL KISH and
JFK BLVD. ACQUISITION G.P., LLC,
Third Party Defendants.
ORDER
AND NOW, this 18th day of August, 2017, upon consideration of Motion By
Defendants, Blank Rome LLP, Cozen O’Connor, P.C., and Cushman & Wakefield of
Pennsylvania, Inc., for Summary Judgment as to the Claims of Plaintiffs Berish Berger,
Ardenlink Limited, and Towerstates Limited for Lack of Subject-Matter Jurisdiction Based Upon
Want of Standing (Document No. 111, filed Apr. 13, 2017), Joint Motion of Defendants,
Cushman & Wakefield of Pennsylvania, Inc., Blank Rome LLP, and Cozen O’Connor P.C., for
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Summary Judgment on All Claims Pursuant to the Threshold Issue of the Statute of Limitations
(Document No. 118, filed Apr. 17, 2017), Plaintiffs Berish Berger, Ardenlink Limited and
Towerstates Limited’s Memorandum of Law in Opposition to All Defendants’ Motion for
Summary Judgment as to Their Claims for Lack of Subject-Matter Jurisdiction Based Upon
Want of Standing (Document No. 141, filed May 24, 2017), Plaintiffs’ Memorandum of Law in
Opposition to the Joint Motion of All Defendants for Summary Judgment on All Claims
Pursuant to the Threshold Issue of the Statute of Limitations (Document No. 139, filed May 24,
2017), Reply in Support of the Defendants’ Joint Motion for Summary Judgment as to the
Claims of Plaintiffs Berish Berger, Ardenlink Limited, and Towerstates Limited for Lack of
Subject-Matter Jurisdiction Based Upon Want of Standing (Document No. 167, filed June 14,
2017), and Reply Memorandum in Support of Joint Motion of Defendants Cushman &
Wakefield of Pennsylvania, Inc., Blank Rome LLP, and Cozen O’Connor, P.C. for Summary
Judgment on All Claims Pursuant to the Threshold Issue of the Statute of Limitations (Document
No. 163, filed June 14, 2017), for the reasons set forth in the accompanying Memorandum dated
August 18, 2017, IT IS ORDERED, as follows:
1.

Joint Motion of Defendants, Cushman & Wakefield of Pennsylvania, Inc., Blank

Rome LLP, and Cozen O’Connor P.C., for Summary Judgment on All Claims Pursuant to the
Threshold Issue of the Statute of Limitations is DENIED;
2.

Motion By Defendants, Blank Rome LLP, Cozen O’Connor, P.C., and Cushman

& Wakefield of Pennsylvania, Inc., for Summary Judgment as to the Claims of Plaintiffs Berish
Berger, Ardenlink Limited, and Towerstates Limited for Lack of Subject-Matter Jurisdiction
Based Upon Want of Standing is GRANTED; and

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3.

Plaintiffs Berish Berger, Towerstates Limited, and Ardenlink Limited are

REMOVED from the caption.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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