ROMERO, et al v. ALLSTATE INSURANCE, et al

Filing 876

ORDER THAT THE MOTIONS TO DISMISS PLAINTIFFS' STATE LAW CLAIMS ARE GRANTED IN PART AND DENIED IN PART. DEFENDANTS SHALL ANSWER THE CONSOLIDATED COMPLAINT NO LATER THAN 7/20/16. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/16. 7/6/16 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al,
Plaintiffs,

v.

NO. 01-3894
CONSOLIDATED with Nos.
01-6764,03-6872,15-1017,15-1049,
15-1190, 15-2602, 15-2961, 15-3047

ALLSTATE INSURANCE COMPANY,
et al.,
Defendants.

ORDER

AND NOW, this 6th day of July 2016, upon considering the Partial Motion by Allstate
Insurance Company, The Allstate Corporation, Agents Pension Plan, and Administrative
Committee ("Allstate") to Dismiss the Consolidated Complaint (ECF No. 866), Edward Liddy's
Partial Motion to Dismiss (ECF No. 867), Plaintiffs' Response (ECF No. 869), Allstate's Reply
Brief (ECF No. 871), and Liddy's Reply Brief (ECF No. 872), it is ORDERED the Motions
(ECF Doc. Nos. 866, 867) are granted in part and denied in part:
1.

2.
1

The Motions to dismiss Plaintiffs' state law claims are DENIED WITHOUT
PREJUDICE;
The Motions to dismiss the Anzivine Plaintiffs' 1 ERISA § 510 claims are

The Anzivine Plaintiffs include: Lawrence Anzivine, James Bannon, Bruce Bond, Charles
Cady, Christopher Challender, Benny Chunn, Nicholas Costanzo, Joseph Di Blasi, John Dineen,
Joseph Eckert, Cebie Edwards, William Farr, Gerald Flores, Donald Franchino, Virginia Gange,
Robert Gebler, Paul Gillihan, James Gregg, Leonard Gregonline, David Grossnicklaus, Larry
Hall, Raymond Hattaway, Thomas Hawkins, John Hogan, William Hogan, Dennis Karlan,
Donald Mattingly, Donald McCrary, James Morgan, Joyce Morgan, William Murtha, Brian
Purtle, Charles Randazzo, Edward Resner, Donald Riggins, Thomas Schneider, James
Shumaker, Lynn Soward, Arthur Spears III, Nicholas Stavola, Brien Sullivan, Christopher
Sullivan, Robert Sutter, William Tarrier, Michael Valente, Ruby Watkins, and Gary Weaver.

GRANTED and these claims are dismissed;

3.

The Motions to dismiss Counts II, III, and IV are GRANTED and these claims
are dismissed;

4.

The Motions to dismiss Plaintiff Edwin Murray's claims are GRANTED and
these claims are dismissed;

5.

The Motions to dismiss Plaintiff Christopher Perkins's claims, except Counts XI
and XI, are GRANTED and these claims are dismissed;

6.

In all other respects, the Motions are DENIED; and,

7.

Defendants shall answer the Consolidated Complaint no later than July 20, 2016.

2