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

Filing 258

ORDER THAT PLFFS' MOTION TO VOLUNTARILY DISMISS DEFT COZEN O'CONNOR, P.C. PURSUANT TO RULE 41(a)(2) AND FOR ENTRY OF FINAL JUDGMENT PURSUANT TO RULE 54(b) IS DENIED AS OUTLINED HEREIN, ETC. IT IS FURTHER ORDERED THAT PLFFS & COZEN O'CONNOR SHALL PROVIDE CUSHMAN & WAKEFIELD WITH A COPY OF THEIR SETTLEMENT AGREEMENT. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/5/19. 8/7/19 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., 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 5th day of August, 2019, upon consideration of Plaintiffs’ Motion to
Voluntarily Dismiss Defendant Cozen O’Connor, P.C. Pursuant to Rule 41(a)(2) and for Entry of
Final Judgment Pursuant to Rule 54(b) (Document No. 241, filed May 17, 2019), Defendant
Cozen O’Connor, P.C.’s Joinder to Plaintiffs’ Motion to Voluntarily Dismiss Defendant Cozen
O’Connor, P.C. Pursuant to Rule 41(a)(2) and for Entry of Final Judgment Pursuant to Rule
54(b) (Document No. 243, Filed May 24, 2019), Memorandum of Law in Partial Opposition to
Plaintiffs’ Motion to Voluntarily Dismiss Defendant Cozen O’Connor, P.C. Pursuant to Rule
41(a)(2) and for Entry of Final Judgment Pursuant to Rule 54(b) (Document No. 244, filed June
1

7, 2019), Response of Blank Rome LLP to Plaintiffs’ Motion to Dismiss Cozen O’Connor, P.C.,
and the Replies of Cozen and Cushman & Wakefield to that Motion (Document No. 245, filed
June 14, 2019), Defendant Cozen O’Connor, P.C.’s Reply Memorandum of Law in Further
Support of its Joinder to Plaintiffs’ Motion to Voluntarily Dismiss Defendant Cozen O’Connor,
P.C. Pursuant to Rule 41(a)(2) and for Entry of Final Judgment Pursuant to Rule 54(b)
(Document No. 249, filed June 17, 2019), Plaintiffs’ Reply Memorandum of Law in Further
Support of Their Motion to Voluntarily Dismiss Defendant Cozen O’Connor, P.C. (Document
No. 251, filed June 19, 2019), Surreply Brief of Cushman &Wakefield of Pennsylvania, Inc. In
Further Partial Opposition to Plaintiffs’ Motion to Dismiss Defendant Cozen O’Connor, P.C.
(Document No. 254, filed June 27, 2019), for the reasons set forth in the accompanying
Memorandum dated August 5, 2019, IT IS ORDERED that Plaintiffs’ Motion to Voluntarily
Dismiss Defendant Cozen O’Connor, P.C. Pursuant to Rule 41(a)(2) and for Entry of Final
Judgment Pursuant to Rule 54(b) is DENIED, as follows:
1. Those parts of plaintiffs’ Motion seeking voluntary dismissal of Cozen O’Connor
pursuant to Federal Rule of Civil Procedure 41(a)(2) and entry of that dismissal as a final
judgment pursuant to Federal Rule of Civil Procedure 54(b) are DENIED.
2. That part of plaintiffs’ Motion seeking a ruling that Cozen O’Connor and Cushman &
Wakefield are not joint tortfeasors under the Pennsylvania Uniform Contribution Among Joint
Tortfeasors Act (“UCATA”), 42 Pa. Cons. Stat. §§ 8321–27, is DENIED. Cozen O’Connor
shall be included on the verdict sheet for the purpose of determining liability and the amount of
any pro rata reduction in any verdict for plaintiffs.

2

IT IS FURTHER ORDERED that plaintiffs and Cozen O’Connor shall provide
Cushman & Wakefield with a copy of their settlement agreement.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

3