ARSDEL v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, No. 5:2014cv02579 - Document 29 (E.D. Pa. 2016)

Court Description: OPINION/ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 17) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANT, LIBERTY LIFE ASSUANCE COMPANY OF BOSTON, AND AGAINST THE PLAINTIFF, CRAIG VAN ARSDEL, ON COUNTS I AND II OF THE AMENDED COMPLAINT. THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19) IS DENIED; AND THE COURT WILL HOLD A TELEPHONE CONFERENCE ON APRIL 4, 2016 AT 1:30 P.M. TO DISCUSS THE TIMING FOR FILING DISPOSITIVE MOTIONS AND OTHER SCHEDULING MATTERS. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/29/16. 3/29/16 ENTERED AND COPIES E-MAILED. (ky, )

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ARSDEL v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CRAIG VAN ARSDEL, Plaintiff, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant. : : : : : : : : : : CIVIL ACTION NO. 14-2579 ORDER AND NOW, this 29th day of March, 2016, after considering the motion of the defendant, Liberty Life Assurance Company of Boston, for summary judgment on counts I and II of the amended complaint (Doc. No. 17); and after reviewing the defendant’s appendix of evidentiary materials in support of the motion (Doc. No. 18), memorandum of law in support of the motion (Doc. No. 20), and statement of material facts in support of the motion (Doc. No. 21); and after considering the motion for summary judgment filed by the plaintiff, Craig Van Arsdel, and the supporting memorandum of law and evidentiary materials (Doc. No. 19); and after considering the defendant’s response to the plaintiff’s statement of facts (Doc. No. 23) and brief in opposition to the plaintiff’s motion for summary judgment (Doc. No. 24); and after reviewing the amended complaint (Doc. No. 3) and the answer and affirmative defenses (Doc. No. 22); and after hearing oral argument from counsel; and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows: 1. The defendant’s motion for summary judgment (Doc. No. 17) is GRANTED; Dockets.Justia.com 2. Judgment is ENTERED in favor of the defendant, Liberty Life Assurance Company of Boston, and against the plaintiff, Craig Van Arsdel, on Counts I (breach of contract) and II (statutory bad faith) of the amended complaint; 3. The plaintiff’s motion for summary judgment (Doc. No. 19) is DENIED; and 4. The court will hold a telephone conference on Monday, April 4, 2016, at 1:30 p.m. to discuss the timing for filing dispositive motions and other scheduling matters. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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