TRUST UNDER THE WILL OF JAMES WILLS, CITY OF PHILADELPHIA, ACTING BY THE BOARD OF DIRECTORS OF CITY TRUSTS, TRUSTEE v. BURWELL

Filing 43

ORDER THAT FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM 42 IT IS HEREBY ORDREED THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 20 IS DENIED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 22 IS GRANTED. DEFENDANT'S MOTION FOR LEAVE TO FILE A SUR-REPLY 30 IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 01/25/2018. 01/25/2018 ENTERED AND COPIES E-MAILED.(nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TRUST UNDER THE WILL OF JAMES WILLS, CITY OF PHILADELPHIA, ACTING BY THE BOARD OF DIRECTORS OF CITY TRUSTS, d/b/a WILLS EYE HOSPITAL, Plaintiff, v. SYLVIA MATHEWS BURWELL, SECRETARY, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant. : : : : : : : : : : : : : : : : CIVIL ACTION NO. 16-6614 ORDER AND NOW, this 25th day of January, 2018, upon consideration of Plaintiff’s Motion for Summary Judgment (ECF No. 20), Defendant’s Motion for Summary Judgment (ECF No. 22), the responses and replies thereto (ECF Nos. 23, 24, 25, 26, 29), Defendant’s Motion for Leave to File a Sur-Reply (ECF No. 30), the responses thereto (ECF Nos. 31, 34), the notices of supplemental authority (ECF Nos. 33, 35, 36, 39, 40), the responses thereto (ECF Nos. 34, 41), after a hearing on the record with counsel for the parties, and for the reasons set forth the in accompanying Memorandum, it is hereby ORDERED as follows: 1. Plaintiff’s Motion for Summary Judgement (ECF No. 20) is DENIED. 2. Defendant’s Motion for Summary Judgment (ECF No. 22) is GRANTED. 3. Defendant’s Motion for Leave to File a Sur-Reply (ECF No. 30) is DENIED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, 2 J.

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