FELS et al v. RUTENBERG et al

Filing 61

ORDER THAT FOR THE REASONS SET FORTH IN THE MEMORANDUM, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED, PLAINTIFFS, WITH THEIR COUNSEL, WILL SHOW CAUSE ON 5/17/17 AT 10:00 AM AS TO WHY COUNTS VII AND VIII OF THE FIRST AMENDED COMPLAINT SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 5/8/17. 5/8/17 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM FELS and
BERNICE FELS
v.
ALAN RUTTENBERG d/b/a
LRD GRAPHICS, INC. and
LRD GRAPHICS, INC.

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CIVIL ACTION

NO. 15-cv-00136-RAL

ORDER
AND NOW this 8th day of May, 2017, upon careful consideration of the
defendants’ Motion for Summary Judgment (Doc. No. 53), the plaintiffs’ response in
opposition (Doc. No. 56), and the defendants’ reply in support of the motion
(Doc. No. 58), it is ORDERED that:
1. For the reasons set forth in the Memorandum filed contemporaneously with
this Order, the defendants’ Motion for Summary Judgment is GRANTED;
2. The plaintiffs, with their counsel, will show cause on Wednesday,
May 17, 2017 at a courtroom to be announced at 10:00 a.m. as to why
Counts VII and VIII of the First Amended Complaint should not be dismissed for
failure to prosecute. See, e.g., Adams, et al v. Trustees of the New Jersey
Brewery Employees’ Pension Trust Fund, 29 F.3d 863 (3d Cir. 2015). On or
before May 16, 2017, the plaintiffs may file a motion to dismiss the two counts
with prejudice, stating that the motion is filed in response to the Order, in lieu of
appearance. The Clerk will cause a copy of this Order to be mailed to the plaintiffs
as well as to their counsel. See Adams v. Trustees of the New Jersey Brewery

Employees’ Pension Trust Fund, 29 F.3d 863, 872 (3d Cir. 1994) (citing to
Dunbar v. Triangle Lumber & Supply Co., 816 F.2d 126, 129 (3d Cir. 1987)).
BY THE COURT:
s/Richard A. Lloret
HON. RICHARD A. LLORET
U.S. Magistrate Judge