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The Travelers Indemnity Co. v. Beck

United States District Court, E.D. Pennsylvania

April 23, 2015

THE TRAVELERS INDEMNITY COMPANY, Plaintiff,
v.
KAREN and OLIVER BECK and, PEARL M. BECK, Defendants.

ORDER

EDWARD G. SMITH, District Judge.

AND NOW, this 23rd day of April, 2015, after considering the motion to intervene and/or require joinder of parties filed by the plaintiffs in the underlying state court action, C.Y., a minor, by her parents and natural guardians, T.Y. and J.Y., and T.Y. and J.Y., husband and wife, individually ("the Intervenors") (Doc. No. 13); and the court having sua sponte raised the issue of declining jurisdiction over this matter under the Declaratory Judgment Act, 28 U.S.C. ยงยง 2201-2202, and having invited the parties to brief this issue; and the court having considered the responsive submission of the plaintiff, The Travelers Indemnity Company (Doc. No. 19), and the joint motion of the defendants, Karen Beck and Pearl N. Beck, for judgment on the pleadings (Doc. No. 18);[1] and the court having also reviewed the motion to dismiss for lack of jurisdiction filed by the Intervenors (Doc. No. 20); accordingly, for the reasons set forth in the accompanying memorandum opinion and in the sound and reasoned exercise of the court's discretion, it is hereby ORDERED as follows:

1. This matter is STAYED until October 21, 2015, or until further order of court;

2. The clerk of court is DIRECTED to place this matter into CIVIL SUSPENSE until further order of court;

3. The motion for judgment on the pleadings (Doc. No. 18) is DENIED AS MOOT;

4. The motion to intervene and/or require joinder of parties (Doc. No. 13) is DENIED WITHOUT PREJUDICE to the Intervenors re-raising the issue, if necessary, at a later date; and

5. The motion to dismiss for lack of jurisdiction (Doc. No. 20) is DENIED.


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