PENN-DION CORPORATION v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK et al, No. 2:2017cv04634 - Document 34 (E.D. Pa. 2019)

Court Description: ORDER IN ACCORDANCE WITH THE OPINION ISSUED BY THE COURT THAT DEFENDANTS' PARTIAL MOTION 29 TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN; DEFENDANTS' MOTION TO STRIKE PARAGRAPH 84 OF THE COMPLAINT IS DENIED. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 01/31/2019. 01/31/2019 ENTERED AND COPIES E-MAILED.(nd, )
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PENN-DION CORPORATION v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PENN-DION CORPORATION, Plaintiff, CIVIL ACTION No. 17-4634 v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, et al., Defendants. ORDER AND NOW, this 31st day of January 2019, upon consideration of Defendants’ Partial Motion to Dismiss and Strike Plaintiff’s Third Amended Complaint (Doc. No. 29), Plaintiff’s Response (Doc. No. 31), and Defendants’ Reply (Doc. No. 32), it is ORDERED in accordance with the Opinion issued by the Court on this day that Defendants’ Partial Motion to Dismiss and Strike Plaintiff’s Third Amended Complaint is GRANTED IN PART and DENIED IN PART. Defendants’ Motion to Dismiss is GRANTED on Plaintiff’s fraud claims alleged in Counts I and II, the negligence claim alleged in Count III, the civil conspiracy claim alleged in Count VI, and the claim of concerted action under the Restatement (Second) of Torts § 876 alleged in Count VII. Defendants’ Motion to Strike Paragraph 84 of the Complaint is DENIED. Defendants shall file an Answer to Counts IV and V of the Complaint within fourteen (14) days of the date of this Order. BY THE COURT: /s/ Joel H. Slomsky JOEL H. SLOMSKY, J. Dockets.Justia.com