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

Filing 184

ORDER (memorandum filed previously as separate docket entry). Judge Schwab's report 155 is ADOPTED only to the extent set forth in the accompanying memorandum. The Game Commission's motion 123 for partial summary judgment is DENI ED. The Proctor Trusts' motion 94 for partial summary judgment is DENIED. The Proctor Trusts' motion 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 155 and our accompanying memorandum. SEE ORDER FOR COMPLETE DETAILS. Signed by Chief Judge Christopher C. Conner on 4/21/2020. (ktt)

Case 1:12-cv-01567-CCC Document 184 Filed 04/21/20 Page 1 of 2

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 21st day of April, 2020, 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 only to the extent set
forth in the accompanying memorandum.

2.

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

3.

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

Case 1:12-cv-01567-CCC Document 184 Filed 04/21/20 Page 2 of 2

4.

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.

5.

A telephonic status conference call is scheduled for Thursday, May 7,
2020, at 10:00 a.m. 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 case and a
tentative schedule for pretrial and trial proceedings 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

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