Taylor v. Fechnay

UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 7
:
BRUCE L. FECHNAY, 	: 	Bankruptcy No. 07-14418DWS
:
Debtor. 	:
:
LYNETTE TAYLOR, 	: 	Adversary No. 08-0060
:
Plaintiff, 	:
:
v. 	:
:
BRUCE FECHNAY, 	:
:
Defendant. 	:
ORDER
AND NOW, this 12th day of November 2008, upon consideration of the Plaintiff’s
Motion to Strike Answer and/or Entry of an Order for Sanctions (the “Motion”), after notice
and hearing, and for the reasons stated in the accompanying Memorandum Opinion;
It is hereby ORDERED that the Motion is GRANTED in Part. Defendant Bruce
Fechnay shall appear at a deposition to take place on DECEMBER 8, 2008 at 10:00 a.m.
at the office of Plaintiff’s counsel provided, however, that the deposition may be held at an
earlier date on agreement of the parties. Should Defendant fail to appear for deposition as
ordered the Plaintiff shall file a motion to preclude his testimony at trial supported by an
affidavit so stating which shall be granted;
Case 08-00060-elf Doc 25 Filed 11/12/08 Entered 11/12/08 15:15:09 Desc Main
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Adversary No. 08-0060
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It is also ORDERED that Plaintiff is awarded attorney’s fees and costs related to the
Motion in an amount to be determined upon filing of a bill of costs. Defendant shall have
15 days from receipt of same to file any objection to the amount sought;
It is further ORDERED that a Joint Pretrial Statement shall be filed on or before
December 22, 2008.
It is further ORDERED that trial of the above-captioned adversary proceeding
shall be held on JANUARY 14, 2009 at 10:00 A.M. in the Robert N.C. Nix, Sr. Federal
Courthouse, 2nd floor, 900 Market Street, Courtroom #3, Philadelphia, PA 19107.
There shall be no extensions of the above dates.
DIANE WEISS SIGMUND
United States Bankruptcy Judge
Case 08-00060-elf Doc 25 Filed 11/12/08 Entered 11/12/08 15:15:09 Desc Main
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