COTTINGHAM v. TUTOR PERINI BUILDING CORP.

Filing 43

ORDER THAT PLAINTIFF'S MOTION TO VOLUNTARILY DISMISS HIS COMPLAINT IS DENIED. DEFENDANTS' MOTION FOR PRELIMINARY INJUNCTION IS GRANTED AS OUTLINED HEREIN. DEFENDANTS' MOTION FOR SANCTIONS IS DENIED. SIGNED BY HONORABLE GERALD J. PAPPERT FOR THE HONORABLE THOMAS N. ONEILL, JR ON 1/5/2016. 1/5/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CORY COTTINGHAM

CIVIL ACTION
No. 14-2793

v.

~.~N ~ 5 2016

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TUTOR PERINI BUILDING CORP., et al.

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ORDER

AND NOW, thisS day of January, 2016, upon consideration of plaintiff Cory
Cottingham's motion seeking to voluntarily dismiss his complaint pursuant to Rule 4l(a)(2) of
the Federal Rules of Civil Procedure (Dkt. No. 29), the response thereto by defendants Tutor
Perinini Building Corp. and Keating Building Corporation (Dkt. No. 31), plaintiffs reply (Dkt.
No. 34), defendants' surreply (Dkt. No. 38) and plaintiffs supplemental reply (Dkt. No. 41), it is
ORDERED that the motion is DENIED.
Upon consideration of defendants' motion for preliminary injunction (Dkt. No. 32),
plaintiffs response (Dkt. No. 36) and defendants' reply (Dkt. No. 40), and consistent with the
accompanying memorandum of law, it is ORDERED that the motion for a preliminary injunction
is GRANTED as follows: plaintiff Cory Cottingham is enjoined from further proceeding in the
action captioned Cottingham v. Creek Equipment, LLC, et al., currently pending in the Court of
Common Pleas for Philadelphia County, Trial Division- Civil, July Term 2015, No. 01038. The
injunction shall not issue until Plaintiffs post a bond in the amount of $100. Thereafter, the
injunction issued in this Order shall continue in effect pending the entry of judgment in the
present case.
Upon consideration of defendants' motion for sanctions pursuant to 28 U.S.C. § 1927
(Dkt. No. 33), plaintiffs response (Dkt. No. 37) and defendants' reply (Dkt. No. 39) it is

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ORDERED that the motion for sanctions is DENIE~

~THOMAS N. O'NEILL, JR., J.

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