Barber v. Subway

Filing 46

ORDER (Memorandum 45 filed previously as separate docket entry) It is hereby ORDERED that: 1. Deft's MSJ 24 is DENIED.; 2. Pltf's motion in limine 36 is DENIED as MOOT.; 3. Stayof pretrial/trial ddls imposed @ request of parti es pending resolution of deft's motion LIFTED.; 4. Parties shall meet & confer to develop proposed schedule for further proceedings & submit joint prop schedule or if unable to agree, indiv prop schedules, by 9/23/15 for ct's consideration. ; 5. By 9/22/15 pltf shall file certs of conc or non-conc for each of pltf's remaining MILs 34 & 38 - if motions not concurred deft shall file response to each motion by 10/2/15 & pltf may file reply in acc w/ L.R. of Court. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 9/18/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KIERA BARBER,
Plaintiff
v.
SUBWAY,
Defendant

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:14-CV-613
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of September, 2015, upon consideration of the
motion (Doc. 24) pursuant to Federal Rule of Civil Procedure 56(a) by defendant
Subway, and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

Defendant’s motion (Doc. 24) for summary judgment is DENIED.

2.

Plaintiff’s motion (Doc. 36) in limine is DENIED as moot.

3.

The stay of pretrial and trial deadlines imposed at the request of the
parties pending resolution of defendant’s motion is LIFTED.

4.

The parties shall meet and confer with the goal of developing a
proposed schedule for further proceedings. On or before Wednesday,
September 23, 2015, the parties shall submit a joint proposed schedule
to the court or, in the event the parties are unable to agree, shall
submit individual proposed schedules for the court’s consideration.

5.

On or before Tuesday, September 22, 2015, plaintiff shall file
certificates of concurrence or non-concurrence for each of plaintiff’s
remaining motions (Docs. 34, 38) in limine. See LOCAL RULE OF COURT
7.1. If the motions are not concurred, defendant shall file a response to
each motion on or before Friday, October 2, 2015. Plaintiff may file a
reply in accordance with the Local Rules of Court.

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