IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
November 13, 2008
RICHARD A. DAVIS, PLAINTIFF(S),
MONEY LIFE INSURANCE COMPANY A DIVISION OF AXA FINANCIAL, JANET E. DAVIS NOW KNOWN AS JANET E. GARRITY, CRAIG A. DUNNING, DEFENDANT(S).
The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
Pending before this Court is plaintiff's motion for partial summary judgment (doc. no. 35). Plaintiff argues that a marital settlement agreement entered into between plaintiff and his ex-wife, defendant Garrity, does not bar the current tort claims against defendant Garrity. Plaintiff seeks an order (almost in the nature of a declaratory judgment) to preclude defendant Garrity from arguing that the language of the marital settlement agreement bars the current action. After careful consideration, the Court finds that it is premature to address this issue without first allowing the parties an opportunity to fully develop a factual record on the preclusive effect, if any, of the settlement of the divorce action. Accordingly, the Court will deny the motion for partial summary judgment without prejudice for said motion to be re-filed at the appropriate time following discovery. Plaintiff may refile said motion, if appropriate, at a time prior to the summary judgment briefing schedule currently set to commence on March 2, 2009.
SO ORDERED this 13th day of November, 2008.
© 1992-2008 VersusLaw Inc.