THOMPSON v. MED-MIZER, INC. et al

Filing 86

MEMORANDUM/ORDER THAT DEFENDANT MED-MIZER, INC.'S MOTION FOR SUMMARY JUDGMENT IS GRANTED WITH RESPECT TO COUNT II OF PLAINTIFF'S SECOND AMENDED COMPLAINT. IN ALL OTHER RESPECTS, DEFENDANT MED-MIZER, INC.'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 11/30/12. 11/30/12 ENTERED AND COPIES E-MAILED.(ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ CHARLES THOMPSON, : : Plaintiff, : vs. : : MED-MIZER, INC. : : Defendant. : CIVIL ACTION NO. 10-CV-2058 ORDER AND NOW, this 30th day of November, 2012, upon consideration of Defendant Med-Mizer, Inc.’s Motion for Summary Judgment (Dkt. No. 73) filed on October 15, 2012, Plaintiff Thompson’s Reply to Motion of Med-Mizer, Inc. for Summary Judgment (Dkt. No. 76) filed on November 2, 2012, Defendant Med-Mizer, Inc.’s Reply Brief to Plaintiff’s Reply to Med-Mizer’s Motion for Summary Judgment (Dkt. 82) filed on November 19, 2012; and for the reasons expressed in the foregoing Memorandum, IT IS ORDERED that Defendant Med-Mizer, Inc.’s Motion for Summary Judgment is GRANTED with respect to Count II of Plaintiff’s Second Amended Complaint. In all other respects, Defendant Med-Mizer, Inc.’s Motion for Summary Judgment is DENIED. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN United States Magistrate Judge

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