LONGBOTTOM et al v. HAYMAN

Filing 23

MEMORANDUM ORDER THAT DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFENDANT'S MOTION IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/13/2018. 8/13/2018 ENTERED AND COPIES E-MAILED.(amas)

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

DOUGLAS LONGBOTTOM and RAMONA
LONGBOTTOM,
Plaintiffs,
v.
FELTON HAYMAN,
Defendant.

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CIVIL ACTION

No. 17-3328

ORDER
AND NOW, this 13th day of August, 2018, upon consideration of the Motion
for Summary Judgment filed by Plaintiffs, Douglas and Ramona Longbottom (“Plaintiffs”) (Doc.
No. 18), the Defense Brief in Opposition and the Motion in Opposition to Plaintiff’s [sic] Motion
for Summary Judgment filed by Defendant, Felton Hayman (“Defendant”) (Doc. No. 19), and
Defendant’s Cross-Motion for Summary Judgment (Doc. 20), it is hereby ORDERED that:
1.

Defendant’s Cross-Motion for Summary Judgment is GRANTED because
Plaintiffs have failed to assert their breach of contract claim, which is the
sole claim in this action, within the applicable five-year statute of
limitations. See 42 Pa. C.S. § 5526(2).

2.

Plaintiffs’ Motion for Summary Judgment is DENIED.

3.

Defendant’s Motion in Opposition to Plaintiff’s [sic] Motion for Summary
Judgment is DENIED AS MOOT.

4.

The Clerk of Court shall mark this case as CLOSED.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE