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Great American Insurance Co. v. Pyramid Power Specialist Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


September 26, 2008

GREAT AMERICAN INSURANCE COMPANY, PLAINTIFF,
v.
PYRAMID POWER SPECIALIST CORPORATION, THOMAS RUTHERFOORD INC., DEFENDANTS.
THOMAS RUTHERFOORD, INC., THIRD-PARTY AND CROSS-CLAIM PLAINTIFF,
v.
PYRAMID CONSULTING, INC., AND GREGORY A. SIEMER, THIRD-PARTY DEFENDANTS AND PYRAMID POWER SPECIALIST CORPORATION, CROSS-CLAIM DEFENDANT.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

ORDER OF COURT RE: MOTIONS TO DISMISS UPON CONSIDERATION of the Motions to Dismiss (doc. nos. 42 and 45) Defendant/Third Party Plaintiff Thomas Rutherfoord, Inc.'s Complaint Against Pyramid Consulting, Inc. and Gregory A. Siemer and Cross-claim Against Pyramid Power Specialists Corporation filed by Third-Party Defendants, Pyramid Consulting, Inc. and Gregory Siemer, and Defendant/Third Party Plaintiff Thomas Rutherfoord, Inc.'s response and brief in opposition thereto (doc. nos. 47 and 48),

IT IS this 26th day of September, 2008, HEREBY ORDERED that Third-Party Defendants' Motions to Dismiss are DENIED. The Court exercises its supplemental jurisdiction over the third-party claims because they arise out of a common nucleus of operative facts (28 U.S.C. §1367) and because such action is consistent with judicial efficiency (i.e., trying all claims in one judicial proceeding). Further, this Court finds that it has personal jurisdiction over the third-party defendants. See 42 Pa.C.S.A. §5322.

20080926

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