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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TEACHERS INSURANCE AND ANNUITY: ASSOCIATION OF AMERICA, et al.: : v. : : THOMAS BERNARDO, et al. : ORDER AND NOW, this 26th day of January, 2010, upon consideration of defendant Pamela Turner's motion for partial summary judgment (docket entry # 24), defendant Thomas Bernardo's motion for partial summary judgment (docket entry # 25), plaintiff TIAA-CREF's motion for partial summary judgment (docket entry # 26), and defendant Thomas Bernardo's motion to strike (docket entry # 27), and in accordance with the accompanying Memorandum, it is hereby ORDERED that: 1. Bernardo's motion for partial summary judgment is CIVIL ACTION

NO. 09-911

GRANTED IN PART and DENIED IN PART as follows; 2. Bernardo's motion is GRANTED with regard to the

declaratory issue, but DENIED WITHOUT PREJUDICE with regard to attorneys' fees and costs; 3. TIAA-CREF shall PAY Thomas Bernardo all resulting

death benefits plus pre-judgment interest; 4. DENIED; TIAA-CREF's motion for partial summary judgment is

5.

Pamela Turner's motion for partial summary

judgment is DENIED; 6. MOOT; 7. After meeting and conferring, the parties shall by Thomas Bernardo's motion to strike is DENIED AS

March 1, 2010 NOTIFY the Court by fax (215-580-2156) as to what issues remain for any further discovery and how those issues should be most expeditiously and efficiently resolved; and 8. to the Court. Further scheduling shall ABIDE the parties' report

BY THE COURT: __sStewart Dalzell

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