TROJECKI et al v. THE UNITED STATES OF AMERICA, No. 5:2011cv05379 - Document 38 (E.D. Pa. 2013)
Court Description: OPINION/ORDER THAT DEFENDANT'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF JOHN S. POSUSNEY, P.E. IS DENIED WITHOUT PREJUDICE. IT IS ORDERED THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS UNCONTESTED AS TO COUNT II OF PLAINTIFF'S COMPLAINT. IN ALL OTHER RESPECTS, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/5/13. 3/5/13 ENTERED AND COPIES E-MAILED.(ky, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : LINDA TROJECKI and : CIVIL ACTION MICHAEL TROJECKI, h/w, : NO. 11-5379 Plaintiffs, : vs. : : THE UNITED STATES OF AMERICA, : Defendant. : ____________________________________: ORDER AND NOW, this 5th day of March, 2013, upon consideration of the Motion of Defendant, The United States of America, to Exclude the Expert Testimony of John S. Posusney, P.E., and for Summary Judgment (Dkt. No. 26) filed on January 7, 2013, Plaintiff s Response (Dkt. No. 29) filed on January 24, 2013, and Defendant s Reply Brief (Dkt. No. 32) filed on March 5, 2013; and for the reasons expressed in the foregoing Memorandum, IT IS ORDERED that Defendant s Motion to to Exclude the Expert Testimony of John S. Posusney, P.E. is DENIED without prejudice. IT IS ORDERED that Defendant s Motion for Summary Judgment is GRANTED as uncontested as to Count II of Plaintiff s Complaint. In all other respects, Defendant s Motion for Summary Judgment is DENIED. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN United States Magistrate Judge
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