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

Filing 186

ORDER THAT DEFT COZEN O'CONNOR, P.C.'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE (DOC. NO. 116) IS DENIED TO THE EXTENT THAT PLFFS SEEK TO HOLD COZEN O'CONNOR LIABLE FOR ACTIONS TAKEN IN FU RTHERANCE OF THE CONSPIRACY THAT OCCURRED BEFORE 7/28/2006, WHILE CHARLES NASELSKY WAS EMPLOYED AT COZEN O'CONNOR P.C. THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/16/18. 2/20/18 ENTERED AND COPIES E-MAILED AND FAXED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KILBRIDE INVESTMENTS LIMITED, BUSYSTORE LIMITED IN LIQUIDATION, and BERGFELD CO. 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 16th day of February, 2018, upon consideration of Defendant Cozen O’Connor, P.C.’s Motion for Summary Judgment Pursuant to Rule 56 of the Federal Rules of Civil Procedure (Document No. 116, filed April 17, 2017), Plaintiffs’ Memorandum of Law in Opposition to Defendant Cozen O’Connor, P.C.’s Motion for Summary Judgment (Document No. 156, filed May 24, 2017), and Defendant Cozen O’Connor, P.C.’s Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment (Document No. 173, filed June 14, 2017), for the reasons set forth in the accompanying Memorandum dated February 16, 2018, IT IS ORDERED as follows: 1. Cozen O’Connor P.C.’s Motion for Summary Judgment is DENIED to the extent that plaintiffs seek to hold Cozen O’Connor liable for actions taken in furtherance of the conspiracy that occurred before July 28, 2006, while Charles Naselsky was employed at Cozen O’Connor P.C. 2. The Motion for Summary Judgment is GRANTED in all other respects. BY THE COURT: /s/ Hon. Jan E. DuBois DuBOIS, JAN E., J.

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