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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KORRIEN MARIE CASTRO v. CLK MULTIFAMILY MANAGEMENT, LLC : : : : : : CIVIL ACTION

NO. 11-1076

MEMORANDUM McLaughlin, J. January 24, 2013

This lawsuit arises out of an incident in July of 2010 when Jahli Clemens drowned in a swimming pool at an apartment complex owned by the defendant. The plaintiff, Jahli's mother,

filed a complaint in 2011, alleging that the defendant was negligent with respect to the maintenance, control, and supervision of the pool area. The defendant CLK Multifamily Management, LLC now moves for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. The Court will grant the defendant's motion.

I.

Summary Judgment Record The Court's description of the summary judgment record

will be divided into two sections.

Undisputed facts will be

presented first, followed by a summary of the relevant disputed facts read in a light most favorable to the plaintiff. See

Sheridan v. NGK Metals Corp., 609 F.3d 239, 251 n.12 (3d Cir.

2010).

A.

Undisputed Facts On July 11, 2010, Jahli Clemens, the plaintiff's son,

died as a result of drowning in a pool located on the grounds of Sweetbriar Apartments in Lancaster, Pennsylvania. Defendant At the

Motion for Summary Judgment/Plaintiff Opposition

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