POWELL'S MOTION FOR PARTIAL SUMMARY JUDGMENT.
Also pending before the Court is Powell's Motion for Partial Summary Judgment, which is based upon State Farm's allegations in the original Complaint that three policies of insurance were in effect on the date of the accident. State Farm subsequently amended its Complaint and now asserts that only two insurance policies were in effect on the date Powell was injured, while Powell has amended his Answer to assert that all three policies of insurance were in effect but that only two of those three policies had stacking waivers in effect on the relevant date. Because State Farm has amended its Complaint and now alleges facts different from those that formed the basis of Powell's motion, we find that the Motion for Partial Summary Judgment is moot and will accordingly be denied.
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ORDER OF COURT
AND NOW, this 1st day of March, 1995, both parties having moved for Judgment on the Pleadings, and Defendant Herbert Powell having also moved for Partial Summary Judgment, and the Court having carefully considered the submissions of the parties,
It is hereby ORDERED that the Motion for Judgment on the Pleadings filed by Plaintiff State Farm Mutual Automobile Insurance Company (Docket #: 12) is DENIED.
It is further ORDERED that the Motion for Judgment on the Pleadings filed by Defendant Herbert Powell (Docket #: 8) is DENIED.
It is further ORDERED that the Motion for Partial Summary Judgment (Docket #: 18) filed by Defendant Powell is DENIED.
A status conference will be held on Wednesday, March 22, 1995 at 9:00 A.M., before the undersigned in room 620 of the U.S. Post Office and Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Counsel in attendance should have authority to settle.
BY THE COURT:
Donetta W. Ambrose,
U. S. District Judge