Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust

Filing 166

ORDER (Memorandum 165 filed previously as separate docket entry) ADOPTING Judge Schwabs report 155 to extent set forth in memo 165 , GRANTING pltfs motion 123 for partial summary jdgmt, DENYING defts motion 94 for partial summary jdgmt, DEFE RRING entry of jdgmt per para 2 pending resolution of remaining claims sub judice, GRANTING in Part & DENYING in Part defts motion 136 to strike declaration of JC Wilkinson, III, as set forth more fully in Judge Schwabs report & this cts memo, & SC HEDULING TELEPHONIC STATUS CONFERENCE to discuss status of remaining claims for 11:00 a.m. on 1/8/20 w/ counsel for pltf to initiate the call to chambers at [phone]. (See order for complete details.).Signed by Chief Judge Christopher C. Conner on 12/18/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA, PENNSYLVANIA
GAME COMMISSION,
Plaintiff
v.
THOMAS E. PROCTOR HEIRS
TRUST and MARGARET PROCTOR
TRUST,
Defendants

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CIVIL ACTION NO. 1:12-CV-1567
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of December, 2019, upon consideration of the crossmotions (Docs. 94, 123) for partial summary judgment filed by defendants Thomas
E. Proctor Heirs Trust and Margaret O.F. Proctor Trust (collectively, “Proctor
Trusts”) and plaintiff Commonwealth of Pennsylvania, Pennsylvania Game
Commission (“Game Commission”), and Chief Magistrate Judge Susan E. Schwab’s
report (Doc. 155) and recommendations, and for the reasons stated in the
accompanying memorandum, it is hereby ORDERED that:
1.

Judge Schwab’s report (Doc. 155) is ADOPTED to the extent set forth
in the accompanying memorandum.

2.

The Game Commission’s motion (Doc. 123) for partial summary
judgment is GRANTED.

3.

The Proctor Trusts’ motion (Doc. 94) for partial summary judgment is
DENIED.

4.

Entry of judgment in accordance with paragraph 2 is DEFERRED
pending resolution of the remaining claims sub judice.

5.

The Proctor Trusts’ motion (Doc. 136) to strike declaration of J.C.
Wilkinson, III, is GRANTED in part and DENIED in part as more fully
set forth in Judge Schwab’s report (Doc. 155) and our accompanying
memorandum.

6.

A telephonic status conference call is scheduled for 11:00 a.m. on
Wednesday, January 8, 2020. Counsel for plaintiff shall initiate the
call to Chambers at [phone]. At the time the call is placed, all
parties shall be on the line and prepared to discuss the status of the
remaining claims in this case in light of the accompanying
memorandum and this order.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania