FRENKEL v. WEBSTER et al

Filing 75

MEMORANDUM AND ORDER THAT THE MOTION TO SET ASIDE DEFAULT JUDGMENT AND TO FILE A RESPONSIVE PLEADING UNDER RULE 60(B) FILED BY DEFENDANTS [#69] IS DENIED. ADDITIONALLY, IN LIGHT OF THE COURT'S RECENT DECISION TO ALLOW DEFENDANT KENNETH BAKER TO AMEND HIS ANSWER TO THE FIRST AMENDED COMPLAINT, PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#71] IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/13/15. ENTERED & E-MAILED. COPIES MAILED TO LABRIE, FITZGERALD ENTERPRISES AT ADDRESSES OF NY AND FL. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEON FRENKEL,
Plaintiff,
v.
KENNETH H. BAKER, et al.,
Defendants.

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CIVIL ACTION

No. 13-5880

ORDER
AND NOW, this 13th day of January, 2015, on consideration of the Motion to Set Aside
Default Judgment and Motion to File Responsive Pleading under Rule 60(b) filed by Defendants
Baker Enterprises of Polk County, Inc., The Baker Group, and New Life Church of Wauchula, Inc.,
and Plaintiff’s response thereto, and for the reasons stated in this Court’s accompanying
Memorandum dated January 13, 2015, it is hereby ORDERED that:
1.

The motion (Document No. 69) is DENIED.

2.

Additionally, in light of the Court’s recent decision to allow Defendant Kenneth
Baker to amend his answer to the First Amended Complaint, Plaintiff’s Motion for
Summary Judgment (Document No. 71) is DENIED without prejudice.

BY THE COURT:

Berle M. Schiller, J.