ALLSTATE INSURANCE COMPANY v. ELECTROLUX HOME PRODUCTS, INC., No. 5:2018cv00699 - Document 17 (E.D. Pa. 2018)

Court Description: OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, TO SEVER AND DISMISS, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. THE COURT RETAINS JURISDICTION OVER CLAIMS "www", "xxx", and "bbbb", AND DIRECTS PLAINTIFF TO FILE AMENDED COMPLAINTS FOR THESE CLAIMS NO LATER THAN AUGUST 17, 2018. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/3/18. 8/3/18 ENTERED AND COPIES E-MAILED. (ky, )
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ALLSTATE INSURANCE COMPANY v. ELECTROLUX HOME PRODUCTS, INC. Doc. 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ ALLSTATE INSURANCE COMPANY, : : Plaintiff, : : v. : : ELECTROLUX HOME PRODUCTS, : : Defendant. : __________________________________________ No. 5:18-00699 ORDER AND NOW, this 3rd day of August, 2018, upon consideration of Defendant’s Motion to Dismiss or, in the Alternative, to Sever and Dismiss, ECF No. 9, it is ORDERED that Defendant’s Motion, ECF No. 9, is GRANTED in part, as follows: 1. Defendant’s Motion to Dismiss for lack of personal jurisdiction is DENIED; 2. Defendant’s Motion to Sever Plaintiff’s claims is GRANTED, such that Plaintiff’s individual claims, as identified in the Appendix to the Complaint, are SEVERED into eighty-six individual actions; 3. As a result of the severance, the following claims, as identified in the Appendix to the Complaint are DISMISSED without prejudice for lack of subject matter jurisdiction: a, b, c, d, f, g, h, k, m, n, o, r, u, w, x, y, z, aa, cc, dd, ee, gg, hh, jj, ll, mm, nn, oo, pp, qq, rr, ss, tt, vv, xx, yy, zz, aaa, bbb, ccc, ddd, eee, fff, ggg, hhh, jjj, kkk, lll, mmm, nnn, ooo, ppp, qqq, rrr, sss, ttt, vvv, yyy, aaaa, cccc, eeee, ffff, gggg, hhhh. 1 080218 Dockets.Justia.com 4. The following claims, as identified in the Appendix to the Complaint, are TRANSFERRED to the following jurisdictions: i. Claim “e” is transferred to the Central District of California. ii. Claims “i” and “j” are transferred to the Middle District of Florida. iii. Claims “p, q, t,” and “v” are transferred to the Northern District of Georgia. iv. Claims “l” and “s” are transferred to the Southern District of Georgia. v. Claim “bb” is transferred to the Northern District of Illinois. vi. Claim “ff” is transferred to the Northern District of Iowa. vii. Claims “ii” and “kk” are transferred to the District of Maryland. viii. Claims “uu” and “ww” are transferred to the Eastern District of Michigan. ix. Claim “iii” is transferred to the Eastern District of New York. x. Claim “uuu” is transferred to the Middle District of Pennsylvania. xi. Claim “zzz” is transferred to the Western District of Pennsylvania. xii. Claim “dddd” is transferred to the Western District of Virginia. 5. The Court retains jurisdiction over claims “www,” “xxx,” and “bbbb,” and DIRECTS Plaintiff to file amended complaints for these claims no later than August 17, 2018. BY THE COURT: /s/ Joseph F. Leeson, Jr._____________ JOSEPH F. LEESON, JR. United States District Court 2 080218