Masciantonio et al v. SWEPI LP

Filing 81

ORDER & JUDGMENT re 80 Memorandum (Order to follow as separate docket entry) - It is hereby ORDERED that: 1. SWEPI's MSJ 60 is DENIED.; 2. Pltf's MSJ 57 is GRANTED.; 3. JUDGMENT IS ENTERED in favor of pltfs & against SWEPI in amt o f $4,144,000 w/ interest, as follows: a. $2,072,000 to be pd to pltfs Janet Masciantonio & Martin Masciantonio; & b. $2,072,000 to be pd to pltfs Paul R. Latshaw & Paul B. Latshaw in their capacities as co-trustees of Phyllis E. Lats aw Residuary Trust Created Under the Will of Phyllis E. Latshaw.; 4. Pltfs' alternative count for fraudulent inducement DISMISSED.; 5. Clrk of Ct directed to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 7/15/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JANET E. MASCIANTONIO, et al.,
Plaintiffs
v.
SWEPI LP,
Defendant

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CIVIL ACTION NO. 4:13-CV-797
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 15th day of July, 2016, upon consideration of the crossmotions (Docs. 57, 60) for summary judgment by plaintiffs Janet E. Masciantonio
and Martin J. Masciantonio, individually, and Paul R. Latshaw and Paul B.
Latshaw, in their capacities as co-trustees of the Phyllis E. Latshaw Residuary
Trust Created Under the Will of Phyllis E. Latshaw, and defendant SWEPI LP
(“SWEPI”), respectively, and for the reasons set forth in the accompanying
memorandum, it is hereby ORDERED that:
1.

SWEPI’s motion (Doc. 60) for summary judgment is DENIED.

2.

Plaintiffs’ motion (Doc. 57) for summary judgment is GRANTED.

3.

Judgment is ENTERED in favor of plaintiffs and against SWEPI in the
amount of $4,144,000.00, with interest, as follows:
a.

$2,072,000.00 to be paid to plaintiffs Janet E. Masciantonio and
Martin J. Masciantonio; and

b.

$2,072,000.00 to be paid to plaintiffs Paul R. Latshaw and Paul
B. Latshaw, in their capacities as co-trustees of the Phyllis E.
Latshaw Residuary Trust Created Under the Will of Phyllis E.
Latshaw.

4.

Plaintiffs’ alternative count for fraudulent inducement is DISMISSED.

5.

The Clerk of Court is directed to CLOSE this case.

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