IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 25, 2012
JOSEPHINE SWARTZ, PLAINTIFF
TEACHERS INSURANCE AND ANNUITY ASSOCIATION-COLLEGE RETIREMENT EQUITIES FUND, DOING BUSINESS AS TIAA-CREF,
JOSEPHINE A. SWARTZ, PLAINTIFF
LEHIGH UNIVERSITY, DEFENDANT
The opinion of the court was delivered by: James Knoll Gardner United States District Judge
NOW, this 25th day of January, 2012, upon consideration of the following:
(1) Notice of Motion to Vacate Default and Permit Defendant to Answer Amended Complaint, which notice of motion was filed September 12, 2011 by defendant Teachers Insurance and Annuity Association--College Retirement Equities Fund, doing business as TIAA-CREF (Document 30)*fn1 ("Motion to Vacate Default"), together with Brief in Support of Motion to Vacate filed September 12, 2011 (Document 30);
(2) Answer to Defendant Teachers Insurance and Annuity Association Fund, d/b/a TIAA-CREF's Motion to Vacate Default, which answer was filed by plaintiff on September 26, 2011 (Document 31), together with Plaintiff's Brief in Opposition to Defendant Teachers Insurance and Annuity Association Fund, d/b/a TIAA-CREF's Motion to Vacate Default, which brief in opposition was filed September 26, 2011 (Document 31-1);
(3) Reply to Plaintiff's Opposition to Motion to Vacate, which reply was filed by defendant TIAACREF September 27, 2011 (Document 32),
IT IS ORDERED that defendant TIAA-CREF's Motion to Vacate Default is granted.
IT IS FURTHER ORDERED that the Clerk of Court shall file defendant TIAA-CREF's proposed Answer to Amended Complaint, which answer is attached as Exhibit A to defendant TIAA-CREF's Motion to Vacate Default.
BY THE COURT: James Knoll Gardner