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)
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.
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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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