IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 3, 2009
RICHARD L. ZARAGOZA, PLAINTIFF,
BASF CONSTRUCTION CHEMICALS, LLC SUCCESSOR-IN-INTEREST TO SKW-MBT OPERATIONS, INC., DEFENDANT.
The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.
AND NOW, this 3rd day of February, 2009, upon consideration of Defendant's Motion for Summary Judgment (Doc. 17), Plaintiff's Answer to Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment (Doc. 18), Defendant's Response in Support (Doc. 19), Defendant's Praecipe for Oral Argument (Doc. 20), Defendant's Response in Opposition to Plaintiff's Cross-Motion (Doc. 21), Plaintiff's Reply (Doc. 22), Defendant's Supplemental Praecipe for Oral Argument or, in the Alternative, Leave to File Sur-Reply Brief in Support of Motion (Doc. 23), and Plaintiff's Response to Defendant's Supplemental Praecipe (Doc. 24), IT IS HEREBY ORDERED and DECREED that:
1. The Defendant's motion for summary judgment is GRANTED;
2. The Plaintiff's motion for summary judgment is DENIED;
3. The Defendant's praecipe for oral argument is DENIED AS MOOT;
4. The Defendant's motion in the alternative for leave to file a sur reply is DENIED AS MOOT; and
5. JUDGMENT IS ENTERED in favor of Defendant and against Plaintiff in Civil Action No. 08-96.
IT IS FURTHER ORDERED that the Clerk of the Court shall mark the above captioned action as CLOSED.
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