AUGUSTIN et al v. City of Philadelphia

Filing 51

MEMORANDUM ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. 20 ), IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/17/2106. 3/18/2016 ENTERED AND COPIES E-MAILED.(amas)

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

LEA AUGUSTIN, GERARD AUGUSTIN,
THOMAS MCSORLEY, DONNA MCSORLEY
RICHMOND WATERFRONT INDUSTRIAL
PARK, LLC

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: CIVIL ACTION
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: NO. 14-CV-4238
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Plaintiffs
vs.
CITY OF PHILADELPHIA
Defendant

ORDER

AND NOW, this

17th

day of March, 2016, upon

consideration of Plaintiffs’ Motion for Partial Summary Judgment
(Doc. No. 20) and Defendant’s Responses in Opposition thereto, it
is hereby ORDERED that the Motion is GRANTED and the notice
procedures employed by the Defendant City of Philadelphia by and
through its gas utility, Philadelphia Gas Works, when it imposed
liens on Plaintiffs’ properties are found to violate Plaintiffs’
rights to due process of law under the U.S. Constitution.
IT IS FURTHER ORDERED that the Parties submit to this Court
a proposed schedule for the subsequent filing and briefing of
Plaintiffs’ Motion for Class Certification and for the conduct of
further proceedings regarding the fashioning of an appropriate

remedy within twenty (20) days of the entry date of this Order.
BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER,

J.