ZIMMERMAN v. NORFOLK SOUTHERN CORPORATION, No. 5:2010cv02267 - Document 74 (E.D. Pa. 2011)
Court Description: OPINION/ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED 3/31/11 IS GRANTED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT NORFOLK SOUTHERN CORPORATION AND AGAINST PLAINTIFF ROBERT ZIMMERMAN ON COUNTS I, II, AND I II; AND THAT PLAINTIFF'S CLAIM FOR PUNITIVE DAMAGES SET FORTH IN COUNT IV IS DISMISSED AS MOOT. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 8/16/11. 8/17/11 ENTERED AND COPIES E-MAILED.(ky, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT ZIMMERMAN, Plaintiff vs. NORFOLK SOUTHERN CORPORATION, Defendant ) ) ) ) ) ) ) ) ) Civil Action No. 10-cv-02267 O R D E R NOW, this 16th day of August, 2011, upon consideration of the following documents: (1) Defendant s Motion for Summary Judgment filed March 31, 2011 (Document 27), together with a Brief in Support of Defendant s Motion for Summary Judgment (Document 27-1); Defendant s Statement of Uncontested Facts filed May 19, 2011 (Document 37); (2) Plaintiff s Brief in Opposition to Defendant s Motion for Summary Judgment, which brief was filed April 21, 2011 (Document 33), together with Plaintiff s Statement of Facts in Response to Defendant s Motion for Summary Judgment (Document 32); Plaintiff s Response to Defendant s Statement of Uncontested Facts, which response was filed June 1, 2011 (Document 42); (3) Defendant, Norfolk Southern Corporation s Brief in Reply to Plaintiff s Brief in Opposition to Defendant s Motion for Summary Judgment, which reply was filed May 25, 2011 (Document 40); and (4) Plaintiff s Sur-Reply Brief in Opposition to Defendant s Motion for Summary Judgment, which sur-reply brief was filed June 21, 2011 (Document 46); and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that Defendant s Motion for Summary Judgment is granted. IT IS FURTHER ORDERED that judgment is entered in favor of defendant Norfolk Southern Corporation and against plaintiff Robert Zimmerman on Counts I, II, and III. IT IS FURTHER ORDERED that plaintiff s claim for punitive damages set forth in Count IV is dismissed as moot. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes. BY THE COURT: /s/ James Knoll Gardner James Knoll Gardner United States District Judge -ii-
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