WEINHOFER et al v. WEIS MARKETS, INC.

Filing 43

ORDER THAT DEFENDANTS MOTION FOR SANCTIONS IS DENIED WITH RESPECT TO DEFENDANTS REQUEST FOR MONETARY COMPENSATION FOR EXPENSES INCURRED IN THE ACTION. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SANCTIONS IS GRANTED WITH RESPECT TO THE DISMISSAL OF THIS ACTION. PLAINTIFFS CASE IS DISMISSED IN ITS ENTIRETY WITH PREJUDICE. IT IS FURTHER ORDERED THAT DEFENDANT, WEIS MARKETS, INC.S MOTION FOR SUMMARY JUDGMENT (DKT. 39 ) FILED DECEMBER 15, 2016 IS DISMISSED AS MOOT IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/29/16. 12/29/16 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF'S, E-MAILED.(mas, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : KARLA J. WEINHOFER, and JOSEPH S. : SPAGNOLA, : : Plaintiffs, : : v. : CIVIL ACTION NO. 15-CV-05002 : WEIS MARKETS, INC. : : Defendant. : ____________________________________: ORDER AND NOW, this 29th day of December, 2016, upon consideration of Defendant, Weis Markets, Inc.’s Motion for Sanctions Directed to Plaintiffs (Dkt. No. 35), the Supplemental Memorandum of Law in Support of Motion for Sanctions (Dkt. No. 40), the Second Supplemental Memorandum of Law in Support of Motion for Sanctions (Dkt. No. 41), and for the reasons stated in the accompanying Memorandum, IT IS ORDERED that Defendant’s motion for sanctions is DENIED with respect to Defendant’s request for monetary compensation for expenses incurred in the action. IT IS FURTHER ORDERED that Defendant’s motion for sanctions is GRANTED with respect to the dismissal of this action. Plaintiffs’ case is DISMISSED in its entirety with prejudice. IT IS FURTHER ORDERED that Defendant, Weis Markets, Inc.’s Motion for Summary Judgment (Dkt. 39) filed December 15, 2016 is DISMISSED as moot. 1 IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED for statistical purposes. BY THE COURT /s/ Henry S. Perkin HENRY S. PERKIN United States Magistrate Judge 2

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