CARPENTER v. SHU-BEE'S, INC. et al

Filing 116

ORDER THAT PLAINTIFFS 70 MOTION TO STRIKE IS DENIED; IT IS ORDERED THAT DEFENDANTS 54 MOTION FOR SUMMARY JUDGMENT IS GRANTED, AND IT IS ORDERED THAT COUNT VII OF THE COMPLAINT IS DISMISSED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 7/5/12. 7/5/12 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
:
JAMES L. CARPENTER,
:
CIVIL ACTION
Plaintiff,
:
:
v.
:
No. 10-0734
:
SHU-BEE’S, INC. and STEVE STONE,
:
Defendants.
:
______________________________________:
ORDER
AND NOW, this

5th

day of July, 2012, upon consideration of Defendants’

Motion for Summary Judgment (Dkt No. 54) filed February 10, 2012; upon consideration of
Plaintiff’s Response (Docket No. 71) filed March 2, 2012; upon consideration of Plaintiff’s
Motion to Strike the Motion for Summary Judgment (Dkt. No. 73) filed March 2, 2012; and upon
consideration of Defendants’ Opposition to the Motion to Strike (Dkt. No. 73) filed March 12,
2012, and for the reasons stated in the accompanying Memorandum,
IT IS ORDERED that Plaintiff’s Motion to Strike is DENIED;
IT IS ORDERED that Defendants’ Motion for Summary Judgment is
GRANTED, and
IT IS ORDERED that Count VII of the Complaint is DISMISSED.

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN
United States Magistrate Judge