Crestwood Membranes, Inc. v. Constant Services, Inc.

Filing 108

ORDER 1. The Report & Recommendation ("R&R"), (Doc. 96), is ADOPTED IN PART as explained in the Court's accompanying Opinion and for the reasons discussed therein. 2. Defendants' Motion for Summary Judgment, (Doc. 56), is GRANTED IN PART AND DENIED IN PART as follows: a. Summary Judgment is GRANTED with respect to Count III of Plaintiff's Complaint, (Doc. 1), for breach of warranty. The Clerk of the Court is directed to enter judgment IN FAVOR of the Defendant and AGAINS T the Plaintiff on this claim. b. In all other respects, Defendant's Motion for Summary Judgment is DENIED. 3. A telephone scheduling conference will be held on Tuesday, April 4, 2017, at 3:45 p.m. to schedule this case for trial. Counsel for Plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 3/22/17. (jfg)

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THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CRESTWOOD MEMBRANES, INC., Plaintiff, v. 3:15·CV·537 (JUDGE MARIANI) CONSTANT SERVICES, INC., Defendant. ORDER AND NOW, THIS -2/2 itA "DAY OF MARCH, 2017, upon de novo review of Magistrate Judge Carlson's Report & Recommendation, (Doc. 96), IT IS HEREBY ORDERED THAT: 1. The Report & Recommendation ("R&R"), (Doc. 96), is ADOPTED IN PART as explained in the Court's accompanying Opinion and for the reasons discussed therein. 2. Defendants' Motion for Summary Judgment, (Doc. 56), is GRANTED IN PART AND DENIED IN PART as follows: a. Summary Judgment is GRANTED with respect to Count III of Plaintiff's Complaint, (Doc. 1), for breach of warranty. The Clerk of the Court is directed to enter judgment IN FAVOR of the Defendant and AGAINST the Plaintiff on this claim. b. In all other respects, Defendant's Motion for Summary Judgment is DENIED. 3. A telephone scheduling conference will be held on Tuesday, April 4, 2017, at 3:45 p.m. to schedule this case for trial. Counsel for Plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. f obert D. Mariani United States District Judge 2

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