SWARTZ v. LEHIGH UNIVERSITY

Filing 30

ORDER THAT DEFENDANT TIAA-CREF'S MOTION TO VACATE DEFAULT IS GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL FILE DEFENDANT TIAA-CREF'S PROPOSED ANSWER TO AMENDED COMPLAINT, WHICH ANSWER IS ATTACHED AS EXHIBIT A TO DEFENDANT TIAA'CREF'S MOTION TO VACATE DEFAULT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 1/25/2012. 1/25/2012 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPHINE SWARTZ,
Plaintiff
vs.
TEACHERS INSURANCE AND ANNUITY
ASSOCIATION-COLLEGE
RETIREMENT EQUITIES FUND,
doing business as TIAA-CREF,
Defendant
*
JOSEPHINE A. SWARTZ,
Plaintiff
vs.
LEHIGH UNIVERSITY,
Defendant

)
)
)
)
)
)
)
)
)
)
)
)
*
)
)
)
)
)
)
)
)
)

Civil Action
No. 11-cv-01142

*
Civil Action
No. 11-cv-01094

O R D E R
NOW, this 25th day of January, 2012, upon consideration
of the following:
(1)

Notice of Motion to Vacate Default and Permit
Defendant to Answer Amended Complaint, which
notice of motion was filed September 12, 2011 by
defendant Teachers Insurance and Annuity
Association–College Retirement Equities Fund,
doing business as TIAA-CREF (Document 30)1(“Motion
to Vacate Default”), together with
Brief in Support of Motion to Vacate filed
September 12, 2011 (Document 30);

(2)

1

Answer to Defendant Teachers Insurance and Annuity
Association Fund, d/b/a TIAA-CREF’s Motion to

Defendant TIAA-CREF’s proposed Answer to Amended Complaint was
attached to defendant’s Motion to Vacate Default as “Exhibit A” to Document 30
and asserts forty-four affirmative defenses to plaintiff’s claims. See
proposed Answer to Amended Complaint at pages 6-17 (listing affirmative
defenses). Defendant’s Motion to Vacate Default also included the Affidavit
of W. Bridges, dated September 12, 2011.

Vacate Default, which answer was filed by
plaintiff on September 26, 2011 (Document 31),
together with
Plaintiff’s Brief in Opposition to Defendant
Teachers Insurance and Annuity Association
Fund, d/b/a TIAA-CREF’s Motion to Vacate
Default, which brief in opposition was filed
September 26, 2011 (Document 31-1);
(3)

Reply to Plaintiff’s Opposition to Motion to
Vacate, which reply was filed by defendant TIAACREF September 27, 2011 (Document 32),

IT IS ORDERED that defendant TIAA-CREF’s Motion to
Vacate Default is granted.
IT IS FURTHER ORDERED that the Clerk of Court shall
file defendant TIAA-CREF’s proposed Answer to Amended Complaint,
which answer is attached as Exhibit A to defendant TIAA-CREF’s
Motion to Vacate Default.
BY THE COURT:

/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

-ii-