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Wallace v. State Farm Mutual Automobile Insurance Co.

United States District Court, Third Circuit

December 19, 2013

WILLIAM WALLACE, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et. al., Defendants.

ORDER

LAWRENCE F. STENGEL, District Judge.

AND NOW, this 19th day of December 2013, upon consideration of plaintiff's objection to removal and request for remand (doc. no. 16), defendants' responses (docs. no. 18, 20 and 22) and plaintiff's reply thereto (doc. no. 27), and upon consideration of defendants' motions to dismiss plaintiff's amended complaint (docs. no. 17, 19, 21 and 38) and plaintiff's response thereto (doc. no. 28), it is hereby ORDERED that:

1. Plaintiff's objection to removal and request for remand (doc. no. 16) is DENIED;

2. Defendants' motions to dismiss plaintiff's amended complaint (docs. no. 17, 19, 21 and 38) are GRANTED;

3. Defendant's motions to dismiss plaintiff's complaint (docs. no. 9, 10 and 13) are DENIED as moot;

4. Plaintiff's motion for leave to file a reply brief in support of his motion for remand and extension of time to respond to defendants' motion to dismiss (doc. no. 24) is GRANTED;

5. Defendant's motion for leave to file surreply brief in opposition to plaintiff's motion for remand (doc. no. 29) is GRANTED. Plaintiff's surreply brief (doc. no. 29-1) shall be deemed FILED;

6. Plaintiff's amended complaint is DISMISSED WITH PREJUDICE; and

7. The clerk is directed to mark this case CLOSED.


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