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Alterra America Ins. Co. v. Daily Express, Inc.

United States District Court, E.D. Pennsylvania

September 5, 2017

ALTERRA AMERICA INS. CO., Plaintiff
v.
DAILY EXPRESS, INC., et al., Defendants

          ORDER

          LAWRENCE F. STENGEL, C. J.

         AND NOW, this 5th day of September, 2017, IT IS HEREBY ORDERED as follows:

         1. Upon consideration of the plaintiff Alterra America Insurance Company's motion for leave to file a reply brief in support of its motion for summary judgment (Document #54), and the defendant Daily Express, Inc.'s response in opposition (Document #55), the plaintiff's motion is GRANTED. In evaluating the plaintiff's motion for partial summary judgment, I considered the plaintiff's reply brief, which was attached to its motion as Exhibit 1.

         2. Upon consideration of the plaintiff's motion for partial summary judgment (Document #43), the defendant's responses in opposition (Documents #48 and 49), and the plaintiff's reply (Document #54-1), and for the reasons set forth in the accompanying memorandum, the plaintiff's motion for partial summary judgment is GRANTED.

         3. Upon consideration of the defendant's renewed motion for summary judgment (Documents #51 and 53) and the plaintiff's response in opposition (Document #57), and for the reasons set forth in the accompanying memorandum, the defendant's motion for summary judgment is DENIED.

         4. The plaintiff's motion for leave to exceed the page limit in its brief in opposition to the defendant's motion for summary judgment (Document #56) is DENIED as moot.

         5. Upon consideration of the defendant's motion to strike the plaintiff's motion for partial summary judgment (Document #45) and its motion to strike the plaintiff's response in opposition to the defendant's motion for summary judgment (Document #59), and the plaintiff's responses in opposition to these motions to strike (Documents #50 and 60), the defendant's motions to strike are both DENIED.[1]

         IT IS FURTHER ORDERED that:

         1. All parties shall prepare and file with the Clerk of Court their pretrial memoranda in accordance with this Order and Local Rule of Civil Procedure 16.1(c), as follows:

(a) Plaintiffs - on or before Monday, December 18, 2017.
(b) Defendants - on or before Friday, December 22, 2017.

         2. One copy of the pretrial memoranda shall be filed with the Clerk of Court and two copies shall be sent to the court. In addition to compliance with Local Rule of Civil Procedure 16.1(c), the parties shall include the following in, or attached to, their pretrial memoranda:

(a) a listing of the identity of each expert witness to be called at ...

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