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United States of America v. Rocky Mountain Holdings

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 10, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ROCKY MOUNTAIN HOLDINGS, INC. ,DIMELING, SCHREIBER & PARK, L.P., DIMELING, SCHREIBER & PARK REORGANIZATION FUND, L.P., AND DUPONT CONOCO PRIVATE MARKET GROUP TRUST, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 10th day of March, 2011, upon consideration of (1) the Motion for Summary Judgment by Plaintiff the United States of America (Docket No. 49); (2) Defendant Dupont Conoco Private Market Group Trust's Response in Opposition to Plaintiff's Motion (Docket. No. 53); (3) Plaintiff's Reply Memorandum in Support of its Motion for Summary Judgment (Docket No. 54); (4) Defendant's Motion for Summary Judgment (Docket No. 50); (5)

Plaintiff's Response in Opposition to Defendant's Motion (Docket No. 52); (5) Defendant's Reply Memorandum in Support of its Motion for Summary Judgment (Docket No. 55); (6) Plaintiff's Objection to and Motion to Strike Exhibit 3 of Dupont's Reply in Opposition to Plaintiff's Motion for Summary Judgment (Docket No. 56); (7) Defendant's Cross-Motion to Disregard and/or Strike and Response in Opposition to Plaintiff's Motion to Strike (Docket No. 57) and accompanying Memorandum of Law in Support of its Cross-Motion (Docket No. 58); and (8) Plaintiff's Response in Opposition to Defendants' Cross-Motion to Strike (Docket No. 59), it is hereby ORDERED that:

1. Plaintiff's Motion for Summary Judgment (Docket No. 49) is DENIED in its entirety.

2. Defendant's Motion for Summary Judgment (Docket No. 50) is DENIED in its entirety.

3. Plaintiff's Objection to and Motion to Strike Exhibit 3 of Dupont's Reply Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (Docket No.56) is DENIED.

4. Defendant's Cross-Motion to Disregard and/or Strike (Docket No. 57) is DENIED.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter

20110310

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