Collie v. Wal-Mart Stores East, L.P.

Filing 63

ORDER ADOPTING REPORT 36 of Magistrate Judge Carlson, DENYING deft's MSJ 21 , SUSPENDING pretrial & trial schedule inc. CANCELLING 4/20/17 final pretrial conference pending disposition of parties MILs 42 , 44 , 46 , 48 & 50 , DENYING pltf's motion for trial continuance 41 as MOOT, & noting court will conven telephone conference call w/ parties to establish new pretrial & trial schedulee following disposition of the MILs. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/3/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KATHLEEN ANN COLLIE,
Plaintiff
v.
WAL-MART STORES EAST, L.P.,
Defendant

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:16-CV-227
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of April, 2017, upon consideration of the report
(Doc. 36) of Magistrate Judge Carlson, wherein Judge Carlson recommends that
the court deny defendant’s motion (Doc. 21) for summary judgment and opines
that manifold disputes of material fact remain for trial, and the court noting that
defendant has filed objections (Doc. 37) to the report, see FED. R. CIV. P. 72(b)(2),
and that said objections have been fully briefed by the parties, (Docs. 38-40), and,
following a de novo review of the contested portions of the report, see Behar v.
Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. §
636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying
a clear error standard of review to the uncontested portions, see Cruz v. Chater,
990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court finding Judge Carlson’s analysis
to be thorough, well-reasoned, and fully supported by the record, and finding
defendant’s objections (Doc. 37) to be without merit and squarely addressed by
the report, and further upon consideration of plaintiff’s motion (Doc. 41) for
continuance of trial, currently scheduled to commence with jury selection on

May 1, 2017, and the court noting defendant’s non-concurrence therein, but it
appearing that presently pending are four defense motions (Docs. 44, 46, 48, 50) in
limine and one motion (Doc. 42) in limine filed by plaintiff, warranting temporary
suspension of the pretrial and trial schedule sub judice, it is hereby ORDERED
that:
1.

The report (Doc. 36) of Magistrate Judge Carlson is ADOPTED.

2.

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

3.

The pretrial and trial schedule in the above-captioned action is
SUSPENDED and the pretrial conference presently scheduled for
April 20, 2017 is CANCELLED pending disposition of the parties’
motions (Docs. 42, 44, 46, 48, 50) in limine.

4.

Plaintiff’s motion (Doc. 41) for continuance of trial is DENIED
as moot.

5.

The court will convene a telephonic conference call with the parties
to establish a new pretrial and trial schedule following disposition of
the parties’ motions (Docs. 42, 44, 46, 48, 50) in limine.

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