UGI Sunbury LLC v A Permanent Easement

Filing 92

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiff's motion to exclude 62 is denied; Defendant's motion to exclude 66 is denied; Defendant's motion to exclude 68 is denied; resolution of Defendant's motion to apply state law 64 is stayed. Signed by Honorable Matthew W. Brann on 4/24/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:16-CV-00794

UGI SUNBURY, LLC,
Plaintiff.

(Judge Brann)

v.
A PERMANENT EASEMENT FOR
0.4308 ACRES, AND TEMPORARY
CONSTRUCTION AND ACCESS
EASEMENT FOR 0.4577 ACRES IN
THE BOROUGH OF SHAMOKIN
DAM, SNYDER COUNTY,
PENNSYLVANIA TAX PARCEL NO.
16-04-059,
DONALD D. PONTIUS and
GEORGIA A. PONTIUS, COTRUSTEES OF THE DONALD D.
AND GEORGIA A. PONTIUS LIVING
TRUST,
BOROUGH OF SHAMOKIN DAM,
COMMONWEALTH OF
PENNSYLVANIA, DEPARTMENT
OF TRANSPORTATION,
and ALL UNKNOWN OWNERS,
Defendants.
ORDER
APRIL 24, 2018
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:

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1.

Plaintiff’s Motion to Exclude Defendant’s Expert Report and Witness, ECF
No. 62, is DENIED.

2.

Defendant’s Motion to Exclude Plaintiff’s Expert Witness, ECF No. 66, is
DENIED.

3.

Defendant’s Motion to Exclude Plaintiff’s Lay Witnesses and Evidence,
ECF No. 68, is DENIED.

4.

Resolution of Defendant’s Motion to Apply State Law, ECF No. 64, is
STAYED.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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