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Barry Cummings and Harry Cummings, Jr., Administrator of Estate of Mary Louise Cummings, Deceased v. Allstate Insurance Company

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 11, 2011

BARRY CUMMINGS AND HARRY CUMMINGS, JR., ADMINISTRATOR OF ESTATE OF MARY LOUISE CUMMINGS, DECEASED PLAINTIFFS,
v.
ALLSTATE INSURANCE COMPANY, DEFENDANT.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER AND NOW this 11th day of July, 2011, upon consideration of Allstate Insurance Company's ("Defendant") Motion to Dismiss (Doc. No. 3) and Barry Cummings and Harry Cummings, Jr. as Administrator of the Estate of Mary Louise Cummings (collectively, "Plaintiffs") Response in Opposition thereto, it is hereby ORDERED that said Motion is GRANTED. It is further ORDERED that:

1. Plaintiffs' claim for compensatory damages in Count II of Plaintiffs' Amended Complaint is hereby DISMISSED WITH PREJUDICE;

2. Plaintiffs' claim for compensatory damages in Count III of Plaintiffs' Amended Complaint is hereby DISMISSED WITH PREJUDICE;

3. Count IV of Plaintiffs' Amended Complaint is hereby DISMISSED WITH PREJUDICE; and

4. Plaintiffs shall file a Second Amended Complaint consistent with this Opinion within ten days from the date of this Order.

BY THE COURT:

Robert F. Kelly

20110711

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