ROMERO et al v. ALLSTATE, No. 5:2016cv04037 - Document 40 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT THE MOTION TO DISMISS (DOC. NO. 3) IS GRANTED, AND THE MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 28) IS GRANTED. DEFENDANT SHALL PAY INTO COURT THE $50,000 POLICY-LIMIT INSURANCE PROCEEDS AS PREVIOUSLY TENDERED TO PLAINT IFFS. THE CLERK SHALL PLACE THOSE FUNDS IN AN INTEREST-BEARING ACCOUNT. PLAINTIFFS MAY THEREAFTER CLAIM THOSE FUNDS OR SEEK PROPORTIONAL DISTRIBUTION BY THE COURT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/7/17. 3/7/17 ENTERED AND COPIES E-MAILED.(ky, )

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ROMERO et al v. ALLSTATE Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CINDY L. ROMERO and CARLOS R. SANCHEZ, Plaintiffs, CIVIL ACTION NO. 16-4037 v. ALLSTATE, D/B/A AND/OR A/K/A ALLSTATE INSURANCE CO., D/B/A AND/OR A/K/A ALLSTATE FIRE AND CASUALTY INSURANCE CO., D/B/A OR A/K/A ALLSTATE INSURANCE HOLDINGS, LLC, D/B/A AND/OR A/K/A ALLSTATE PROPERTY AND CASUALTY INSURANCE CO., Defendant. ORDER AND NOW, this 7th day of March, 2017, upon consideration of Defendant’s Motion to Dismiss (Doc. #3) and Motion for Judgment on the Pleadings (Doc. #28), and all supporting and opposing papers, and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows: 1. The Motion to Dismiss is GRANTED, and Count Three is DISMISSED WITH PREJUDICE. 2. The Motion for Judgment on the Pleadings is GRANTED, and Counts One and Four are also DISMISSED WITH PREJUDICE. 3. Defendant shall pay into court the $50,000 policy-limit insurance proceeds as previously tendered to Plaintiffs. The Clerk shall place those funds in Dockets.Justia.com an interest-bearing account. Plaintiffs may thereafter claim those funds or seek proportional distribution by the Court. BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 2

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