MONARCH LIFE INSURANCE COMPANY v. THE ESTATE OF ROBERT TARONE, III et al

Filing 29

ORDER THAT UPON CONSIDERATION OF LAURA SIPIO'S MOTION FOR SUMMARY JUDGMENT 19 , THE RESPONSE THERETO 22 , THE MOTION FOR SUMMARY JUDGMENT OF THE ESTATE OF ROBERT TARONE, III, AND JAMES P. MCEVILLY, THE ESTATE'S EXECUTOR 20 AND 21 , SIP IO'S RESPONSE THERETO 23 , PARTIES' EXHIBITS, AND IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT SIPIO'S MOTION FOR SUMMARY JUDGMENT IS DENIED; THE MOTION FOR SUMMARY JUDGMENT OF THE ESTATE AND MCEVILLY IS DENIED; AND BY 2/15/2010, PARTIES SHALL NOTIFY THE COURT BY FAX REGARDING WHETHER THEY HAVE COMPLETED DISCOVERY. SIGNED BY HONORABLE STEWART DALZELL ON 1/26/10. 1/26/10 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MONARCH LIFE INS. CO. v. ESTATE OF ROBERT TARONE, III, et al. : : : : : : ORDER AND NOW, this 26th day of January, 2010, upon consideration of Laura Sipio's motion for summary judgment (docket entry # 19), the response thereto (docket entry # 22), the motion for summary judgment of the Estate of Robert Tarone, III, and James P. McEvilly, the Estate's Executor (docket entry # 20 and 21), Sipio's response thereto (docket entry # 23), the parties' exhibits, and in accordance with the accompanying Memorandum, it is hereby ORDERED that: 1. Sipio's motion for summary judgment (docket entry CIVIL ACTION

NO. 09-734

# 19) is DENIED; 2. The motion for summary judgment of the Estate and

McEvilly (docket entry # 20) is DENIED; and 3. By February 15, 2010, the parties shall NOTIFY the

Court by fax [phone]) regarding (1) whether they have completed discovery regarding any extrinsic evidence surrounding the Settlement Documents and Policy, which were executed in 1984; (2) if the parties have not done so, what discovery they expect to

need -- in detail -- and the minimum time in which that can be completed; and (3) whether the Estate and Sipio have factual disagreements regarding the extrinsic evidence.

BY THE COURT:

__\s\Stewart Dalzell

2