A.M., a Minor et al v. Landscape Structures, Inc.

Filing 83

ORDER: In accord with the accompanying Memorandum 82 ; (1) Dft. Landscape Sturctures's mtn for summary jgmnt 53 is GRANTED and the claims in Pltfs Complaint 1 are dismissed with prejudice.(2) The Clerk of Court shall enter judgment against Pltfs and in favor of Dft Landscape on all claims in Pltfs Complaint.(3) The mtn 68 for summary judgment by Third-Party Dfts Chambersburg Area School District and Hamilton Heights Elementary School against Landscape Structures, Inc. is DISMISSED as MOOT.(4) The Clerk of Court shall CLOSE this case. Signed by Honorable William W. Caldwell on 5/19/17. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

A.M., a minor, by and through her parent
and natural guardian, GRETCHEN
FORGIONE, and GRETCHEN FORGIONE
in her own right,
Plaintiffs
v.
LANDSCAPE STRUCTURES, INC.,
Defendant/Third-Party Plaintiff
v.
CHAMBERSBURG AREA SCHOOL
DISTRICT, HAMILTON HEIGHTS
ELEMENTARY SCHOOL, and GEORGE
ELY ASSOCIATES, INC.,
Third-Party Defendants

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CIVIL NO. 1:14-CV-1376

ORDER

AND NOW, this 19th day of May, 2017, upon consideration of Defendant
Landscape Structures, Inc.’s motion (Doc. 53) for summary judgment, and in accord with
the accompanying memorandum, it is ORDERED that:
(1)

The motion (Doc. 53) is GRANTED and the claims in Plaintiffs’
Complaint (Doc. 1-1) are dismissed with prejudice based on the
Pennsylvania Statute of Repose, 42 Pa. Cons. Stat. § 5536.

(2)

The Clerk of Court shall enter judgment against Plaintiffs and in favor of
Defendant Landscape on all claims in Plaintiffs’ Complaint.

(3)

The motion (Doc. 68) for summary judgment by Third-Party Defendants
Chambersburg Area School District and Hamilton Heights Elementary
School against Landscape Structures, Inc. is DISMISSED as MOOT.

(4)

The Clerk of Court shall CLOSE this case.
/s/ William W. Caldwell
William W. Caldwell
United States District Judge