You are on page 1of 10

Case 1:12-cv-02227-JEJ Document 6 Filed 01/23/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Plaintiff v. CHAMBERSBURG SKYDIVING CENTER, INC., Defendant : : : : Civil Action No.: 1:12-cv-2227 : : (Judge Jones) : :

UNOPPOSED MOTION FOR ENTRY OF CONSENT JUDGMENT AND NOW, comes Peter J. Smith, United States Attorney for the Middle District of Pennsylvania and Timothy S. Judge, Assistant U.S. Attorney, who hereby request this Court to enter an order for Consent Judgment and to dismiss the Complaint, pursuant to Federal Rule of Civil Procedure 41(a)(2). Counsel for Defendant concurs in this motion. In accordance with M.D. Pa. Local Rule 7.5(b), no brief in support of this motion will be filed because the reasons for this motion and relief are fully stated in this motion and the attached Exhibit and all partied concur.1

By Order of this Court, a case management conference has been scheduled for January 30, 2013 at 10:30 a.m. (Doc. 4.) The parties request that the conference be canceled and that this Unopposed Motion for Entry of Consent Judgment be granted.
1

Case 1:12-cv-02227-JEJ Document 6 Filed 01/23/13 Page 2 of 3

On November 7, 2012, the United States filed a Complaint in the above captioned matter. The parties have reached an amicable

settlement. (Exhibit A, Stipulation for Compromise Settlement.) The parties request the Court to enter the attached proposed order for Consent Judgment and to close this matter. The parties will bear their own costs and attorneys fees. WHEREFORE, the United States of America requests this Court grant to this motion for entry of Consent Judgment. Respectfully submitted, PETER J. SMITH UNITED STATES ATTORNEY /s/ Timothy S. Judge TIMOTHY S. JUDGE Assistant U.S. Attorney Atty. I.D. #PA 203821 P.O. Box 309 Scranton, PA 18501 Phone 348-2800 Fax: 348-2830 E-Mail: timothy.judge@usdoj.gov

Dated: January 23, 2013

Case 1:12-cv-02227-JEJ Document 6 Filed 01/23/13 Page 3 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Plaintiff v. CHAMBERSBURG SKYDIVING CENTER, INC., Defendant : : : : Civil Action No.: 1:12-cv-2227 : : (Judge Jones) : :

CERTIFICATE OF SERVICE BY MAIL The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Middle District of Pennsylvania, and is a person of such age and discretion as to be competent to serve papers. That on January 23, 2013, she served copies of the attached: UNOPPOSED MOTION FOR ENTRY OF CONSENT JUDGMENT by electronic mail to: Robert L. Feldman, Esquire

/s Jodi Matuszewski Jodi Matuszewski Legal Assistant

Case 1:12-cv-02227-JEJ Document 6-1 Filed 01/23/13 Page 1 of 4

EXHIBIT A

Case 1:12-cv-02227-JEJ Document 6-1 Filed 01/23/13 Page 2 of 4

EXHIBIT A

Case 1:12-cv-02227-JEJ Document 6-1 Filed 01/23/13 Page 3 of 4

EXHIBIT A

Case 1:12-cv-02227-JEJ Document 6-1 Filed 01/23/13 Page 4 of 4

EXHIBIT A

Case 1:12-cv-02227-JEJ Document 6-2 Filed 01/23/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Plaintiff v. CHAMBERSBURG SKYDIVING CENTER, INC., Defendant : : : : Civil Action No.: 1:12-cv-2227 : : (Judge Jones) : :

CERTIFICATE OF CONCURRENCE Counsel for the United States of America has contacted Robert F. Feldman, Esquire, counsel for Chambersburg Skydiving Center, Inc. for his concurrence in the Motion for Entry of Consent Judgment. Attorney Feldman concurs in this motion. Respectfully submitted, PETER J. SMITH UNITED STATES ATTORNEY /s/ Timothy S. Judge TIMOTHY S. JUDGE Assistant U.S. Attorney Atty. I.D. #PA 203821 P.O. Box 309 Scranton, PA 18501 Phone 348-2800 Fax: 348-2830 E-Mail: timothy.judge@usdoj.gov

Dated: January 23, 2013

Case 1:12-cv-02227-JEJ Document 6-3 Filed 01/23/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA Plaintiff v. CHAMBERSBURG SKYDIVING CENTER, INC., Defendant : : : : Civil Action No.:1:12-cv-2227 : : (Judge Jones) : :

CONSENT JUDGMENT AND NOW, this _______ day of ________________, 2012, in accordance with the Stipulation executed by the parties, IT IS HEREBY ORDERED as follows: 1. Defendant, Chambersburg Skydiving Center, Inc., its subsidiaries,

divisions, and affiliates (hereinafter Chambersburg), shall comply with all terms and conditions of the Stipulation for Compromise Settlement. These terms include payment of $10,000 in satisfaction of all claims that form the basis of the Complaint and that Chambersburg agrees to fully cooperate with the Federal Aviation Administration and its agents, representatives, and employees for the purpose of conducting inspections and investigations concerning compliance with federal aviation regulations by Chambersburg during the period that final or full payment has not been made.

Case 1:12-cv-02227-JEJ Document 6-3 Filed 01/23/13 Page 2 of 2

2.

It is understood by Chambersburg that a violation of this Order may

be punished as contempt of court and may subject Chambersburg to fine or imprisonment. 3. 4. The parties will bear their own costs and attorneys fees. Based on the entry of this Consent Judgment, the Clerk of Court is

directed to close this case.

_______________________ United States District Judge John E. Jones III