THE CHOICE IS YOURS, INC. et al v. THE CHOICE IS YOURS et al

Filing 217

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS, THE CITY OF PHILADELPHIA AND DISTRICT ATTORNEY SETH WILLIAMS, ECF NO. 191, IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED WITH RESPECT TO EACH OF PLAINTIFFS' CLAIMS, WIT H THE EXCEPTION OF PLAINTIFFS' CLAIMS UNDER 15 U.S.C. § 1114(A) AND 15 U.S.C. § 1125(A)(1)(A) AND PLAINTIFFS' CLAIMS FOR UNJUST ENRICHMENT. THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MAYOR WILSON GOODE, ECF NO. 195, IS GR ANTED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT GOODE AND AGAINST PLAINTIFFS. THE CLERK OF COURT IS DIRECTED TO TERMINATE DEFENDANT GOODE AS A PARTY TO THIS ACTION. THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, PUBLIC/PRIVATE VENTURES, ECF N O. 196, IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED WITH RESPECT TO EACH OF PLAINTIFFS' CLAIMS, WITH THE EXCEPTION OF PLAINTIFFS' CLAIMS UNDER 15 U.S.C. § 1114(A) AND 15 U.S.C. § 1125(A)(1)(A) AND PLAINTIFFS' CLAIMS FOR UNJUST ENRICHMENT. A STATUS CONFERENCE TO SET DEADLINES FOR THE REMAINDER OF THIS ACTION WILL BE SCHEDULED BY THE COURT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/30/16. 9/30/16 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
THE CHOICE IS YOURS, INC.; and
JAMES SMALLWOOD,

:
:
:
Plaintiffs,
:
v.
:
:
SETH WILLIAMS, District Attorney;
:
WILSON GOODE, Mayor;
:
PUBLIC/PRIVATE VENTURES; and
:
THE CITY OF PHILADELPHIA,
:
:
Defendants.
:
__________________________________________

No. 2:14-cv-01804

ORDER
And now, this 30th day of September, for the reasons set forth in the accompanying
Memorandum Opinion issued this day, IT IS ORDERED as follows:
1.

The Motion for Summary Judgment of Defendants, The City of Philadelphia and
District Attorney Seth Williams, ECF No. 191, is GRANTED IN PART AND
DENIED IN PART. The Motion is granted with respect to each of Plaintiffs’
claims, with the exception of Plaintiffs’ claims under 15 U.S.C. § 1114(a) and
15 U.S.C. § 1125(a)(1)(A) and Plaintiffs’ claims for unjust enrichment.

2.

The Motion for Summary Judgment of Defendant Mayor Wilson Goode, ECF No.
195, is GRANTED. JUDGMENT IS ENTERED in favor of Defendant Goode
and against Plaintiffs. The Clerk of Court is directed to terminate Defendant
Goode as a party to this action.

3.

The Motion for Summary Judgment of Defendant, Public/Private Ventures, ECF
No. 196, is GRANTED IN PART AND DENIED IN PART. The Motion is

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granted with respect to each of Plaintiffs’ claims, with the exception of Plaintiffs’
claims under 15 U.S.C. § 1114(a) and 15 U.S.C. § 1125(a)(1)(A) and Plaintiffs’
claims for unjust enrichment.
4.

A status conference to set deadlines for the remainder of this action will be
scheduled by the Court.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge

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