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Cimildoro v. Metropolitan Property and Casualty Insurance Co.

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


March 8, 2010

REBECCA CIMILDORO, ET AL. PLAINTIFFS,
v.
METROPOLITAN PROPERTY AND CASUALTY INSURANCE CO., ET AL. DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 8th day of March, 2010, upon consideration of Defendant Metropolitan Property and Casualty Insurance Company's Motion to Dismiss Counts III, IV, V and VI of Plaintiff's Amended Complaint, Metropolitan's Motion to Strike Plaintiff's January 20, 2010 Jury Demand as to the Amended Complaint, Defendant Mark 1 Restoration Service's Motion to Dismiss Counts V and VI of Plaintiffs' Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, or, in the Alternative, to Strike Plaintiffs' Jury Demand in the Amended Complaint, Plaintiffs' responses thereto, and all replies thereon, and for the reasons stated in this Court's Memorandum dated March 8, 2010, it is hereby ORDERED that:

1. Metropolitan's motion to dismiss (Document No. 29) is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED with respect to Counts III, V, and VI and those counts as to Metropolitan are DISMISSED.

b. The motion is DENIED with respect to Count IV.

2. Metropolitan's motion to strike the jury demand (Document No. 30) is GRANTED. This case shall proceed as a bench trial.

3. Mark 1's motion to dismiss (Document No. 31) is GRANTED. Counts V, and VI as to Mark 1 are DISMISSED.

4. Mark 1's motion to strike jury demand (Document No. 31) is GRANTED. This case shall proceed as a bench trial.

20100308

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