FUMO v. U.S., 13-3313. (2014)
Court: District Court, E.D. Pennsylvania
Number: infdco20140606f49
Visitors: 13
Filed: Jun. 05, 2014
Latest Update: Jun. 05, 2014
Summary: ORDER RONALD L. BUCKWALTER, Senior District Judge. AND NOW, this 5th day of June, 2014, upon consideration of (1) the Motion by Defendant the United States of America ("Defendant") for Summary Judgment (Docket No. 9), Defendant's Reply Brief (Docket No. 14), Defendant's Motion to Exclude Expert Testimony (Docket No. 16), and Defendant's Response to Plaintiff's Second Sur-Reply (Docket No. 27); and (2) Plaintiff's Cross-Motion for Summary Judgment (Docket No. 11), Plaintiff's Sur-Repl
Summary: ORDER RONALD L. BUCKWALTER, Senior District Judge. AND NOW, this 5th day of June, 2014, upon consideration of (1) the Motion by Defendant the United States of America ("Defendant") for Summary Judgment (Docket No. 9), Defendant's Reply Brief (Docket No. 14), Defendant's Motion to Exclude Expert Testimony (Docket No. 16), and Defendant's Response to Plaintiff's Second Sur-Reply (Docket No. 27); and (2) Plaintiff's Cross-Motion for Summary Judgment (Docket No. 11), Plaintiff's Sur-Reply..
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ORDER
RONALD L. BUCKWALTER, Senior District Judge.
AND NOW, this 5th day of June, 2014, upon consideration of (1) the Motion by Defendant the United States of America ("Defendant") for Summary Judgment (Docket No. 9), Defendant's Reply Brief (Docket No. 14), Defendant's Motion to Exclude Expert Testimony (Docket No. 16), and Defendant's Response to Plaintiff's Second Sur-Reply (Docket No. 27); and (2) Plaintiff's Cross-Motion for Summary Judgment (Docket No. 11), Plaintiff's Sur-Reply Brief (Docket No. 17), Plaintiff's Memorandum in Opposition to Defendant's Motion to Exclude Expert Testimony (Docket No. 18), and Plaintiff's letter brief submitted to the Court on March 20, 2014; and upon review of the declarations and exhibits submitted by the parties in connection with these Motions, and having heard the parties' arguments on March 18, 2014, it is hereby ORDERED as follows:
1. Defendant's Motion to Exclude Expert Testimony (Docket No. 16) is DENIED.
2. Defendant's Motion for Summary Judgment (Docket No. 9) is DENIED.
3. Plaintiff's Cross-Motion for Summary Judgment (Docket No. 11) is GRANTED.
4. Plaintiff's request for attorney's fees and costs is DENIED.
5. JUDGMENT IS ENTERED in favor of Plaintiff and against Defendant as to the reasonableness of the jeopardy assessment against Plaintiff and the jeopardy assessment shall be abated (Civ. A. No. 13-3313).
6. Civil Action Number 13-3313 is CLOSED.
It is so ORDERED.
Source: Leagle
