Eldrup-Smith v. Sears Roebuck and Co.

Filing 43

ORDER (Memorandum 42 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Cts V & VI of Eldrup-Smith's complaint 1 deemed WITHDRAWN.; 2. Sears' motion to strike 31 pltf's verification 30 -1 GRANTED & Clrk of Ct directed to strike from record.; 3. Sears' MSJ 17 GRANTD in its entirety & jdgmt entered... (see order for specifics).; 4. Sears' MILs 34 & 37 DENIED as moot.; 5. Clrk of Ct directed to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/4/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BEATRICE ELDRUP-SMITH,
Plaintiff
v.
SEARS ROEBUCK AND CO.,
Defendants

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CIVIL ACTION NO. 1:12-CV-1862
(Chief Judge Conner)

ORDER
AND NOW, this 4th day of April, 2014, upon consideration of the motion
(Doc. 17) pursuant to Federal Rule of Civil Procedure 56 filed by Sears Roebuck
and Co. (“Sears”) seeking summary judgment as to all claims asserted by Beatrice
Eldrup-Smith (“Eldrup-Smith”), Sears’ motion (Doc. 31) to strike Eldrup-Smith’s
verification (Doc. 30-1) from the record, and the parties’ respective briefs in support
of and opposition to both motions (Docs. 19, 23, 25, 30, 32, 33), and in accordance
with the court’s memorandum of the same date, it is hereby ORDERED that:
1.

Counts V and VI of Eldrup-Smith’s complaint (Doc. 1) are deemed
WITHDRAWN. (See Doc. 21 ¶ 3).

2.

Sears’ motion (Doc. 31) to strike Eldrup-Smith’s verification
(Doc. 30-1) is GRANTED. The Clerk of Court is directed to STRIKE
Eldrup-Smith’s verification (Doc. 30-1) from the record.

3.

Sears’ motion (Doc. 17) for summary judgment is GRANTED in its
entirety. Judgment is ENTERED in favor of Sears and against EldrupSmith on Counts I, II, III, IV, and VII of Eldrup-Smith’s complaint.

4.

Sears’ motions (Docs. 34, 37) in limine to exclude Eldrup-Smith’s
hearsay statements and calendars are DENIED as moot.

5.

The Clerk of Court is directed to CLOSE this case.

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

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