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Mark Jackson v. the Dow Chemical Company; Rohm and Haas Company; Rohm and

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


September 28, 2012

MARK JACKSON, PLAINTIFF
v.
THE DOW CHEMICAL COMPANY; ROHM AND HAAS COMPANY; ROHM AND HAAS COMPANY BENEFITS ADMINISTRATIVE COMMITTEE (BAC); LIBERTY MUTUAL INSURANCE COMPANY; RAJ L. GUPTA; PIERRE R. BRONDEAU; JAQUES M. CROISETTIER; ROBERT A. LONERGAN, ESQUIRE; ELLEN FRIEDELL, ESQUIRE; ROYCE WARRICK, ESQUIRE; JANE GREENETZ; DEANNA MAY; CYNTHIA MAZER; RICHARD P. QUINLAN, ESQUIRE; SEAN B. MCSWEENEY, ESQUIRE; MICHAEL MILLER, ESQUIRE; NANCY MAYO; LORI HAMLIN; AND JOHN DOE NOS. 1-15, DEFENDANTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 28 th day of September, 2012, upon consideration of the following documents:

(1) Certain Defendants' Motion to Dismiss *fn1 filed on January 28, 2011 in United States District Court for the District of Delaware in case number 10-cv-00938 *fn2 (D.Del. Document 47), together with, Certain Defendants' Memorandum of Law in Support of Their Motion to Dismiss (D.Del. Document 48);

(2) Defendant Jacques Croisetiere's Motion to Dismiss filed on January 28, 2011 (D.Del. Document 49), together with,

(A) Declaration of Jacques Croisetiere in Support of Defendant Jacques Croisetiere's Motion to Dismiss (D.Del. Document 50); and

(B) Defendant Jacques Croisetiere's Memorandum of Law in Support of His Motion to Dismiss (D.Del. Document 52);

(3) Motion of Defendants Liberty Mutual Insurance Company, Lori Hamlin, Nancy May, Richard P. Quinlan, Sean B. McSweeney and Michael Miller *fn3 to Dismiss Plaintiff's Complaint, which motion was filed on January 28, 2011 (D.Del. Document 51), together with,

(A) Memorandum of Law in Support of Motion of Defendants Liberty Mutual Insurance Company, Lori Hamlin, Nancy May, Richard P. Quinlan, Sean B. McSweeney and Michael Miller to Dismiss Plaintiff's Complaint (D.Del. Document 53);

(4) Plaintiff's Motion for Leave to File a Surreply to the Liberty Mutual Defendants' Motion to Dismiss, which motion for leave was filed on March 7, 2011 (D.Del. Document 63), together with,

(A) Memorandum of Law in Support of Plaintiff's Surreply to the Liberty Mutual Defendants' Motion to Dismiss (D.Del. Document No. 64);

(5) Plaintiff's Motion for Leave to File a Surreply to the Dow/Rohm and Haas Defendants' Reply in Support of Their Motion to Dismiss the Complaint, which motion for leave was filed on March 9, 2011 (D.Del. Document 65), together with,

(A) Memorandum of Law in Support of Plaintiff's Motion for Leave to File a Surreply to the Dow/Rohm and Haas Defendants' Reply in Support of Their Motion to Dismiss the Complaint (D.Del. Document 65);

(6) Plaintiff's Motion for Leave to File a Surreply to Defendant Jacques M. Croisetiere's Reply in Support [of] His Motion to Dismiss, which motion for leave was filed on March 9, 2011 (D.Del. Document 66), together with,

(A) Memorandum of Law in Support of Plaintiff's Motion for Leave to File a Surreply to Defendant Jacques M. Croisetiere's Reply in Support of His Motion to Dismiss (D.Del. Document 66);

(7) Plaintiff's Objections to the Order of October 25, 2011 by the Hon. M. Faith Angell, which objections were filed in this court on October 27, 2011 (E.D.Pa. Document No. 20);

(8) Plaintiff's Request for Entry of Default Against the Rohm and Haas Company Benefits Administrative Committee (BAC) filed in this court on March 22, 2012 (E.D.Pa. Document No. 28);

(9) Plaintiff's Motion to Remove the Stay of This Proceeding, which motion was filed in this court on May 31, 2012 (E.D.Pa. Document 29),

(10) Motion for Leave to File Reply Memorandum in Support of Plaintiff's Motion to Remove the Stay of this Proceeding, which motion for leave was filed in this court on June 21, 2012 (E.D.Pa. Document 34); and

(11) Complaint filed by plaintiff on November 2, 2010 (D.Del. Document 1); upon consideration of the briefs of the parties; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that Plaintiff's Motion for Leave to File a Surreply to the Liberty Mutual Defendants' Motion to Dismiss is granted. *fn4

IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File a Surreply to the Dow/Rohm and Haas Defendants' Reply in Support of Their Motion to Dismiss the Complaint is granted. *fn5

IT IS FURTHER ORDERED that Certain Defendants' Motion to Dismiss is granted.

IT IS FURTHER ORDERED that the Motion of Defendants Liberty Mutual Insurance Company, Lori Hamlin, Nancy May, Richard P. Quinlan, Sean B. McSweeney and Michael Miller to Dismiss Plaintiff's Complaint is granted.

IT IS FURTHER ORDERED that Plaintiff's Complaint filed on November 2, 2010 in the District of Delaware is dismissed as to all defendants. *fn6

IT IS FURTHER ORDERED that Defendant Jacques Croisetiere's Motion to Dismiss is dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File a Surreply to Defendant Jacques M. Croisetiere's Reply in Support [of] His Motion to Dismiss is dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Objections to the Order of October 25, 2011 by the Hon. M. Faith Angell are dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Request for Entry of Default Against the Rohm and Haas Company Benefits Administrative Committee (BAC) is dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Motion to Remove the Stay of This Proceeding is dismissed as moot.

IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File Reply Memorandum in Support of Plaintiff's Motion to Remove the Stay of this Proceeding is dismissed as moot.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.

BY THE COURT:

James Knoll Gardner


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