Reviello v. Bluhm's Gas Sales, Inc. et al

Filing 19

ORDER THAT ON OR BEFORE OCTOBER 26,2012, each party shall submit sworn affidavits addressing the above concerns. The affidavits shall authenticate the photographs by presenting verified facts sufficient to lay afoundation for introduction of the phot ographs themselves. At minimum, the affidavits shall state when the photographs were taken, by whom they were taken, and whether they fairly and accurately represent the actual appearance of the ATM on the date they were taken, and such date shall be stated in the respective affidavits.Signed by Honorable Robert D. Mariani on 10/12/12. (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

GERALD REVIELLO
Plaintiff

v.

3:12·CV·312
(JUDGE MARIANI)

BLUHM'S GAS SALES, INC., et al.,
Defendants
ORDER
The background of this Order is as follows: Defendants moved for summary
judgment (Doc. 12) on July 25, 2012 and relied on photograph exhibits to attempt to show
that fee notices were prominently and conspicuously located on their automated teller
machine ("ATM"). Plaintiff attempts to refute Defendants' argument by relying on his own
photograph exhibit attached to his Complaint (Doc. 1). After comparing the photographs
submitted by each party, it appears to the Court that:
1. The photographs do not show the same ATM, or
2. The photographs show the same ATM but at different times, or
3. The photographs show the same ATM but are taken in a manner that does not
fairly and accurately represent the actual appearance of the ATM.
WHEREFORE, THIS 12TH DAY OF OCTOBER, 2012, upon consideration of the
Complaint (Doc. 1) with attached exhibits and Defendants' Motion for Summary Judgment
(Doc. 12) with attached exhibits, IT IS HEREBY ORDERED THAT ON OR BEFORE

OCTOBER 26,2012, each party shall submit sworn affidavits addressing the above
concerns. The affidavits shall authenticate the photographs by presenting verified facts
sufficient to lay a foundation for introduction of the photographs themselves. At minimum,
the affidavits shall state when the photographs were taken, by whom they were taken, and
whether they fairly and accurately represent the actual appearance of the ATM on the date
they were taken, and such date shall be stated in the respective affidavits.

RobertO. anam
United States District Judge

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