Transcontinental Refrigerated Lines Inc v. New Prime Inc et al

Filing 189

ORDER (Memorandum 188 filed previously as separate docket entry) re: MSJ 154 - It is hereby ORDERED that: 1. Lily Lake Beneficiaries' MSJ 154 on Cts V & VI of Transcontinental's 2nd amended adversary complaint 143 GRANTED.; 2. En try of jdgmt per Para 1 DEFERRED pending final resolution of litigation.; 3. Matter shall proceed on following claims... (see Paras 3a-c for specifics).; 4. Ct will forthwith schedule telephone status conference w/ parties... (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/6/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TRANSCONTINENTAL
REFRIGERATED LINES, by
LAWRENCE V. YOUNG, ESQ.,
Liquidating Agent,
Plaintiff
v.
NEW PRIME, INC., et al.,
Defendants

:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:13-CV-2163
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of January, 2016, upon consideration of the motion
(Doc. 154) for partial summary judgment filed by defendants Janis Hrobuchak,
Nicole Hrobuchak, John Hrobuchak, and Stephen Hrobuchak (collectively, the
“Lily Lake Beneficiaries”), wherein the Lily Lake Beneficiaries seek summary
judgment with respect to Counts V and VI of the second amended adversary
complaint (Doc. 143) of plaintiff and debtor Transcontinental Refrigerated Lines,
Inc. (“Transcontinental”), and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

The Lily Lake Beneficiaries’ motion (Doc. 154) for summary judgment
on Counts V and VI of Transcontinental’s second amended adversary
complaint (Doc. 143) is GRANTED.

2.

Entry of judgment pursuant to paragraph 1 is DEFERRED pending
final resolution of this litigation.

3.

This matter shall proceed on the following claims as set forth in
Transcontinental’s second amended adversary complaint (Doc. 143):
a.
b.

Counts V and VI against Hrobuchak and the Lily Lake Family
Trust, reconstituted as the Cook Island Trust; and

c.

4.

Counts I and II against Stephen P. Hrobuchak, Jr.,
(“Hrobuchak”);

Counts VII and VIII against Hrobuchak and his wife, Janis
Hrobuchak.

The court will forthwith schedule a telephonic status conference call
with the parties to chart a course for further proceedings.

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