STRAUS et al v. UNITED STATES POSTAL SERVICE

Filing 38

ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFFS SHALL FILE BY 11/14/17, ANY OBJECTIONS TO THE DEFENDANT'S PROPOSED FORM OF ORDER; ETC.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 11/7/17. 11/7/17 ENTERED AND E-MAILED.(jl, ) (Main Document 38 replaced on 11/7/2017) (fb). Modified on 11/7/2017 (fb).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL S. STRAUS, LAURENCE A.
STRAUS AND WILLIAM M. STRAUS,
Plaintiffs,

CIVIL ACTION

v.
NO. 16-4117
UNITED STATES POSTAL SERVICE,
Defendant.
ORDER
AND NOW, this 7th day of November, 2017, upon consideration of Plaintiffs’ Motion
for Summary Judgment (ECF No. 23), Defendant’s response (ECF No. 28), and Plaintiffs’ reply
thereto (ECF No. 35), and Defendant’s Motion for Summary Judgment (ECF No. 24), Plaintiffs’
response (ECF No. 29), and Defendant’s reply thereto (ECF No. 33), IT IS ORDERED:
a. Plaintiffs’ Motion is DENIED WITH PREJUDICE except insofar as it seeks
payment at fair market value rent from USPS as a holdover tenant from July 31,
2016, through the date of conveyance to USPS of the fee simple title to the leased
premises, including the underlying land to which extent Plaintiffs’ Motion is
GRANTED. It is ORDERED that Plaintiffs shall propose the fair market value
rent (with supporting documentation) to the Court no later than November 14,
2017, and Defendants shall file its response thereto by November 21, 2017;
b. Defendant’s Motion which seeks an order granting specific performance to
convey the fee simple title to the leased premises, including the underlying land,
in exchange for $ 240,000, is GRANTED. It is FURTHER ORDERED that
Plaintiffs shall file by November 14, 2017, any objections to the Defendant’s
proposed form of order (ECF No. 24-2).

BY THE COURT:
/S/WENDY BEETLESTONE, J.

_______________________________
WENDY BEETLESTONE, J.

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