REGIONAL PRODUCE COOPERATIVE CORPORATION v. TD BANK, N.A., No. 2:2019cv01883 - Document 99 (E.D. Pa. 2022)

Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT'S MTOION FOR SUMMARY JUDGMENT (DOC. NOS. 83 AND 85 ) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS NEGLIGENCE CLAIM UNDER PENNSYLVANIAS UNIFORM COMMERCI AL CODE IS DENIED WITH RESPECT TO THE DISPUTED BANKING TRANSACTIONS FROM AUGUST 16, 2017 FORWARD, AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION. IN ALL OTHER RESPECTS, DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED. IT IS FURTHER ORDERED THAT DEFENDANTS MOTIONS TO SEAL EXHIBITS OR PORTIONS OF THEIR MEMORANDA (DOC. NOS. 84 AND 95 ) ARE GRANTED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/12/22. 12/12/22 ENTERED AND COPIES E-MAILED.(amas)

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REGIONAL PRODUCE COOPERATIVE CORPORATION v. TD BANK, N.A. Doc. 99 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________________ : REGIONAL PRODUCE COOPERATIVE : CIVIL ACTION CORPORATION, : : Plaintiff, : : v. : NO. 19-1883 : TD BANK, N.A. : : Defendant. : ____________________________________________: ORDER AND NOW, this 12th day of December, 2022 upon consideration of Defendant TD Bank, N.A.’s Motion for Summary Judgment (Doc. Nos. 83 and 85), Plaintiff Regional Produce Cooperative Corporation’s Response (Doc. No. 88), and Defendant’s Reply (Doc. No. 94), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. Defendant’s Motion for Summary Judgment as to Plaintiff’s negligence claim under Pennsylvania’s Uniform Commercial Code is DENIED with respect to the disputed banking transactions from August 16, 2017 forward, as set forth in the accompanying Memorandum Opinion. 2. In all other respects, Defendant’s Motion for Summary Judgment is GRANTED. It is FURTHER ORDERED that Defendant’s Motions to Seal exhibits or portions of their Memoranda (Doc. Nos. 84 and 95) are GRANTED. BY THE COURT: __/s/ Mitchell S. Goldberg_____________ MITCHELL S. GOLDBERG, J. Dockets.Justia.com

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