BRIEKER v. BARBEQUE INTEGRATED, INC.

Filing 53

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT (DKT. NOS. 34 AND 35 ) IS GRANTED. THE CIVIL ACTION COMPLAINT IS DISMISSED, AND JUDGMENT IS ENTERED FOR DEFENDANT, BARBEQUE INTEGRATED INC., T/A SMOKEY BONES BAR FIRE & GRILL, ON PLAINTIFFS CLAIMS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/8/17. 8/9/17 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________________
:
MARK BRIEKER,
:
:
Plaintiff
:
v.
:
CIVIL ACTION NO. 16-0137
:
BARBEQUE INTEGRATED, INC.
:
A FICTITIOUS NAME t/a
:
SMOKEY BONES BAR & FIRE GRILL
:
:
Defendant
:
___________________________________________ :
ORDER
AND NOW, this

8th

day of August, 2017, upon consideration of Defendant’s,

Barbeque Integrated Inc., t/a Smokey Bones Bar Fire & Grill, Motion for Summary Judgment (Dkt.
Nos. 34 and 35) filed June 30, 2017 and July 7, 2017, respectively;1 upon consideration of Plaintiff’s
Response to Defendant’s Motion for Summary Judgment (Dkt. No. 38) filed July 21, 2017; upon
consideration of Defendant’s, Barbeque Integrated Inc., t/a Smokey Bones Bar Fire & Grill, Brief in
Reply to Plaintiff’s Response to Defendant’s Motion for Summary Judgment (Dkt. No. 44) filed
August 2, 2017; after oral argument on the record held August 4, 2017; and for the reasons expressed
in the foregoing Memorandum,
IT IS ORDERED that the motion for summary judgment (Dkt. Nos. 34 and 35) is
GRANTED. The Civil Action Complaint is DISMISSED, and judgment is entered for Defendant,
Barbeque Integrated Inc., t/a Smokey Bones Bar Fire & Grill, on Plaintiff’s claims.

BY THE COURT:

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

1

The motion for summary judgment pending before the Court was filed on June 30, 2017 (Dkt. No.
34). The initial filing, however, identified the wrong civil case action number. Counsel re-filed the same motion for
summary judgment on July 7, 2017, with the correct civil case action number (Dkt. No. 35). Both motions, which
are identical in content, remained pending.