ROMERO, et al v. ALLSTATE INSURANCE, et al

Filing 464

ORDER THAT ALLSTATE'S MOTION FOR RECONSIDERATION IS DENIED. PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED AND THE COURT CLARIFIES THAT ITS 2/27/2014 MEMORANDUM AND ORDER DENYING THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT AS TO THE RELEASE DOES NOT OPERATE TO ADJUDICATE ANY ASPECT OF PLAINTIFFS' UNDERLYING BREACH OF CONTRACT CLAIMS. ALLSTATE'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GENE R. ROMERO, et al.,
Plaintiffs,
v.

ALLSTATE INSURANCE COMPANY,
et al.,
Defendants.

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CIVIL ACTION
NO. 01-3894
CONSOLIDATED WITH
NO. 01-6764
NO. 01-7042

ORDER
AND NOW, this 7th day of April, 2014, upon consideration of (1) the Motion for
Reconsideration of the Court’s Summary Judgment Order by Defendants Allstate Insurance Company,
et al. (collectively “Allstate”) (Docket No. 459) and the Response by Plaintiffs Gene R. Romero, et al.
(collectively “Plaintiffs”) (Docket No. 461); (2) Plaintiffs’ Motion for Clarification or, in the
Alternative, Reconsideration (Docket No. 458) and Allstate’s Response (Docket No. 460); and (3)
Allstate’s Motion for Leave to File Instanter Allstate’s Reply in Support of Its Motion for
Reconsideration and/or Clarification (Docket No. 462), it is hereby ORDERED that:
1.

Allstate’s Motion for Reconsideration (Docket No. 459) is DENIED.

2.

Plaintiffs’ Motion for Reconsideration (Docket No. 458) is GRANTED and the Court
clarifies that its February 27, 2014 Memorandum and Order denying the parties’ Crossmotions for Summary Judgment as to the Release does not operate to adjudicate any
aspect of Plaintiffs’ underlying breach of contract claims on the merits or to bar
Plaintiffs from raising each of their breach of contract legal theories at the merits-stage
of this litigation.

3.

Allstate’s Motion for Leave File a Reply Brief (Docket No. 462) is DENIED.

It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.