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Allen-Wright v. All State Insurance Co.

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


May 5, 2009

ESSENCE ALLEN-WRIGHT, PLAINTIFF,
v.
ALLSTATE INSURANCE CO., DEFENDANT.

The opinion of the court was delivered by: J. Curtis Joyner, J.

ORDER

AND NOW, this 5th day of May, 2009, upon consideration of Defendants' Motion for Summary Judgment (Doc. No. 30), Plaintiff's Response in Opposition asking for Remand to the State Court and, in the alternative, for Leave to Brief the Issue Raised as to the UTPCL Count (Doc. No, 42), Defendant's Response to Plaintiff's Suggestion that Subject Matter Jurisdiction is Lacking (Doc. No. 47), Plaintiff's Memorandum of Law in Support of Request for Remand for Lack of Subject Matter Jurisdiction (Doc. No. 49) and Defendant's Response to Plaintiff's Motion to Remand (Doc. No. 51), and for the reasons set forth in the attached Memorandum, it is hereby ORDERED that the Motion for Remand is DENIED. It is further ORDERED that plaintiff SHALL be given leave to respond substantively to defendant's motion for summary judgment, including, but not limited to a briefing on the UTPCL issues. Plaintiff shall file such brief within fourteen (14) days of the issuance of this Order.

20090505

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