ROMERO, et al v. ALLSTATE INSURANCE, et al

Filing 773

ORDER THAT UPON CONSIDERATION OF THE PARTIAL MOTION BY DEFENDANTS ALLSTATE INSURANCE COMPANY, ET AL TO DISMISS PLAITNIFFS' THIRD AMENDED COMPLAINT 656 , THE PARTIAL MOTION BY DEFENDANT EDWARD LIDDY TO DISMISS PLAINTIFFS' THIRD AMENDED COMP LAINT 657 , IT IS HEREBY ORDERED THAT BOTH MOTIONS ARE GRANTED. PLAINTIFFS AND INTERVENORS' STATE LAW BREACH-OF-CONTRACT AND BREACH-OF-FIDUCIARY CLAIMS (COUNTS V-VII IN THE ROMERO THIRD AMENDED COMPLAINT AND COUNTS IV-VI IN THE HARRIS AND MCLAU GHLIN COMPLAINTS) AND PLAINTIFFS AND INTERVENORS' RETALIATION CLAIMS UNDER THE ADEA AND ERISA CONCERNING THEIR TERMINATION OF EMPLOYMENT ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/10/15. 11/12/15 ENTERED AND COPIES MAILED, 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 10th day of November, 2015, upon consideration of the Partial Motion by
Defendants Allstate Insurance Company, et al. (“Allstate Defendants”) to Dismiss Plaintiffs’ Third
Amended Complaint and the Harris and McLaughlin Intervenor Complaints (Docket No. 656), the
Partial Motion by Defendant Edward Liddy to Dismiss Plaintiffs’ Third Amended Complaint and the
Harris and McLaughlin Intervenor Complaints (Docket No. 657), Plaintiffs’ Consolidated Response in
Opposition (Docket No. 689), the Allstate Defendants’ Reply Brief (Docket No. 700), and Defendant
Liddy’s Reply Brief (Docket No. 701), it is hereby ORDERED that both Motions are GRANTED.
Plaintiffs and Intervenors’ state law breach-of-contract and breach-of-fiduciary claims (Counts V–VII in
the Romero Third Amended Complaint and Counts IV–VI in the Harris and McLaughlin Complaints)
and Plaintiffs and Intervenors’ retaliation claims under the ADEA and ERISA concerning their
termination of employment are DISMISSED WITH PREJUDICE.
It is so ORDERED.

BY THE COURT:

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