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

Filing 206

ORDER THAT DEFT CUSHMAN & WAKEFIELD OF PENNSYLVANIA'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART AS OUTLINED HEREIN, ETC. CUSHMAN & WAKEFIELD'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF STEPHEN D. ROACH IS GRANTED IN PART & DENIED IN PART AS OUTLINED HEREIN, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/25/18. 4/26/18 ENTERED AND COPIES E-MAILED AND FAXED.(kw, )

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 25th day of April, 2018, upon consideration of the Motion for Summary
Judgment by Defendant Cushman & Wakefield of Pennsylvania, Inc. (Document No. 122, filed
April 17, 2017), Plaintiffs’ Memorandum in Opposition to Cushman & Wakefield of
Pennsylvania Inc.’s Motion for Summary Judgment (Document No. 159, filed May 24, 2017),
Reply in Support of the Motion for Summary Judgment by Defendant Cushman & Wakefield of
Pennsylvania, Inc. (Document No. 169, filed June 14, 2017), Motion of Defendant Cushman &
Wakefield of Pennsylvania, Inc. to Exclude Expert Testimony of Stephen D. Roach Pursuant to

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Fed. R. Civ. P. 702 and Daubert v. Merrill Dow Pharmaceuticals (Document No. 124, filed
April 17, 2017), Plaintiffs’ Memorandum of Law in Opposition to Defendant Cushman &
Wakefield of Pennsylvania, Inc.’s Motion to Exclude Expert Testimony of Stephen D. Roach
Pursuant to Fed. R. Evid. 702 and Daubert v. Merrill Dow Pharmaceuticals (Document No. 153,
filed May 24, 2017), Reply Memorandum of Law in Support of Defendant Cushman &
Wakefield of Pennsylvania, Inc.’s Motion to Exclude Expert Testimony of Stephen D. Roach
Pursuant to Fed. R. Civ. P. 702 and Daubert v. Merrill Dow Pharmaceuticals (Document No.
165, filed June 14, 2017), Motion of Defendant Cushman & Wakefield of Pennsylvania, Inc., to
Exclude the Expert Testimony of Albert R. Hughes III Pursuant to Fed. R. Civ. P. 702 and
Daubert v. Merrill Dow Pharmaceuticals (Document No. 126, filed April 17, 2017), Plaintiffs’
Memorandum of Law in Opposition to Defendant Cushman & Wakefield of Pennsylvania, Inc.’s
Motion to Exclude the Expert Testimony of Albert R. Hughes III (Document No. 155, filed May
24, 2017), and Cushman & Wakefield of Pennsylvania, Inc.’s Reply in Support of Its Motion to
Exclude he Expert Testimony of Albert R. Hughes III (Document No. 164, filed June 14, 2017),
for the reasons set forth in the accompanying Memorandum dated April 25, 2018, IT IS
ORDERED, as follows:
1. C&W’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN
PART, as follows:
a. That part of C&W’s Motion for Summary Judgment which seeks summary
judgment as to plaintiff Kilbride Investments Limited is GRANTED;
b. C&W’s Motion for Summary Judgment is DENIED in all other respects;
2. C&W’s Motion to Exclude the Expert Testimony of Stephen D. Roach is
GRANTED IN PART and DENIED IN PART, as follows:

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a. That part of C&W’s Motion which seeks to exclude Roach’s opinions with
respect to the state of mind and credibility of the appraisers is GRANTED;
b. The Motion to Exclude the Testimony of Stephen D. Roach is DENIED in all
other respects; and
3. C&W’s Motion to Exclude the Expert Testimony of Albert R. Hughes III is
DENIED.
IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be conducted in due course.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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