GENERAL REFRACTORIES COMPANY v. FIRST STATE INSURANCE CO. et al

Filing 668

ORDER THAT A DECISION ON THE MOTION FOR DECLARATORY RELIEF (DOC. 647 ) WHICH WAS SUBMITTED BY PLAINTIFF IS DENIED. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 6/11/2015. 6/12/2015 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

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

GENERAL REFRACTORIES COMPANY
v.
FIRST STATE INSURANCE CO., et al.

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CIVIL ACTION

NO. 04-3509

ORDER
AND NOW, this 11th day of June, 2015, upon consideration of the parties’ respective
papers and the record,1 it is hereby ORDERED that a decision on the “Motion for Declaratory
Relief” (doc. no. 647), which was submitted by Plaintiff, General Refractories Company
(“GRC”), is DENIED, without prejudice to plaintiff’s right to renew the motion, under Fed. R.
Civ. P. 50(a), for judgment as a matter of law, raising the legal question of estoppel and waiver
presented by GRC’s motion for summary judgment, as defined in the Memorandum that
accompanies this Order, at the close of the evidence at the trial scheduled for July 13, 2015.

BY THE COURT:

_s/ L. Felipe Restrepo____________________
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE

1

Plaintiff’s Motion and Brief (ECF document nos. 647, 647-1); Declaration of Michael Conley,
dated May 1, 2015 (doc. no. 657), with Exs. A-K (doc. nos. 657-1 through 657-11); Affidavit of Michael
Conley, dated Apr. 17, 2015 (doc. no. 646), with Exs. 1-8 (doc. nos. 646-1 through 646-8); Affidavit of
Michael Conley, dated Sept. 16, 2011, with Exs. 1 and 2 (doc. no. 364); and Defendant’s Response (doc. no.
652), with Exs. 1 and 2 (doc. nos. 652-1 through 652-2).