JACOBS v. A-C PRODUCT LIABILITY TRUST, 2:09-cv-30143-ER. (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20151103914
Visitors: 3
Filed: Oct. 30, 2015
Latest Update: Oct. 30, 2015
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW , this 26th day of October, 2015 , upon further review of the facts surrounding the Motions for Summary Judgment (Judicial Estoppel) of the Thompson Hine Shipowner Defendants 1 (ECF No. 95) and Inland Steel Company (ECF No. 93), it is hereby ORDERED that the previous order on the motions (dated September 28, 2015) (ECF No. 157 2 ) is hereby sua sponte VACATED as having been based on an erroneous recitation by the Court of the fact
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW , this 26th day of October, 2015 , upon further review of the facts surrounding the Motions for Summary Judgment (Judicial Estoppel) of the Thompson Hine Shipowner Defendants 1 (ECF No. 95) and Inland Steel Company (ECF No. 93), it is hereby ORDERED that the previous order on the motions (dated September 28, 2015) (ECF No. 157 2 ) is hereby sua sponte VACATED as having been based on an erroneous recitation by the Court of the facts..
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ORDER
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 26th day of October, 2015, upon further review of the facts surrounding the Motions for Summary Judgment (Judicial Estoppel) of the Thompson Hine Shipowner Defendants1 (ECF No. 95) and Inland Steel Company (ECF No. 93), it is hereby ORDERED that the previous order on the motions (dated September 28, 2015) (ECF No. 1572) is hereby sua sponte VACATED as having been based on an erroneous recitation by the Court of the facts surrounding Plaintiff's bankruptcy petition.
It is further ORDERED that the motions are instead:
(1) DENIED as to the arguments related to judicial estoppel; and
(2) DENIED as to the arguments related to the real party in interest/standing.
It is FURTHER ORDERED, in accordance with the accompanying memorandum, that the Clerk of this Court shall (a) make a copy of this order and the accompanying memorandum and have said copy filed on the docket of Plaintiff's bankruptcy case in the Bankruptcy Court for the Middle District of Florida (No. 8:03-bk-09910-ALP); (b) ascertain the identity of the Chapter 13 standing trustee; and (c) have served upon the trustee a copy of said order and memorandum at his/her last known address.
AND IT IS SO ORDERED.
FootNotes
1. These Defendants are: (1) Alcoa Steamship Company, Inc., (2) American Steamship Company, (3) Amersand Steamship Company, (4) Reiss Steamship Company, (5) Pickands Mather & Co., and (6) Boland & Cornelius. (ECF No. 95-1.)
2. The previous order (1) denied the motion as to arguments related to judicial estoppel and (2) denied the motion without prejudice as to arguments related to the real party in interest/standing.
Source: Leagle
