Manuel v. NRA Group, LLC et al

Filing 53

ORDER (Memorandum 52 filed previously as separate docket entry) GRANTING in part & DENYING in part Manuel's MSJ 20 ...(see Paras 1a-b for specifics), DENYING NRA's MSJ 21 , directing Clrk of Ct to DEFER entry of jdgmt pending trial on issue of treble damages, & directing parties to meet & confer to develop appropriate schedule for further proceedings & submit same to ct by 8/19/16 or if unable to agree to submit individual prop schedules. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/5/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PETERSON MANUEL,
Plaintiff
v.
NRA GROUP, LLC
Defendant

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CIVIL ACTION NO. 1:15-CV-274
(Chief Judge Conner)

ORDER
AND NOW, this 5th day of August, 2016, upon consideration of the
cross-motions (Docs. 20, 21) for summary judgment by plaintiff Peterson Manuel
(“Manuel”) and defendant NRA Group, LLC (“NRA”), respectively, and for the
reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1.

Manuel’s motion (Doc. 20) for summary judgment is GRANTED in part
and DENIED in part as follows:
a.

The motion is GRANTED with respect to Manuel’s claim under
the Telephone Consumer Protection Act, 47 U.S.C. § 227, set forth
in Count I of the complaint (Doc. 1).

b.

The motion is DENIED with respect to Manuel’s request for
treble damages. (See id. ¶ 22).

2.

NRA’s motion (Doc. 21) for summary judgment is DENIED.

3.

The Clerk of Court is instructed to DEFER entry of judgment pending
trial on the issue of treble damages.

4.

The parties are directed to meet and confer with the goal of developing
an appropriate schedule for further proceedings. On or before Friday,
August 19, 2016, 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.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania