FRANKLIN MILLS ASSOCIATES LIMITED PARTNERSHIP v. NATIONWIDE LIFE INSURANCE COMPANY

Filing 26

ORDER THAT DEFT'S CROSS-MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFT'S MOTION TO STRIKE EXHIBIT B TO PLFF'S COMPLAINT & EXHIBIT D TO PLFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFT'S MOTION TO STRIKE EXHIBIT E TO PLFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE. PLFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART, ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 12/12/11. 12/13/11 ENTERED AND COPIES E-MAILED.(kw, )

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

FRANKLIN MILLS ASSOCIATES, L.P.
v.
NATIONWIDE LIFE INSURANCE
COMPANY

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CIVIL ACTION
NO. 09-3045

ORDER
AND NOW, this 12th

day of December, 2011, upon consideration of Plaintiff

Franklin Mills Associates L.P.’s Motion for Summary Judgment (ECF No. 11) and Defendant
Nationwide Life Insurance Company’s Cross-Motion for Summary Judgment and Motion to
Strike (ECF No. 12), and all documents submitted in support thereof and in opposition thereto, it is
ORDERED as follows:
1.

Defendant’s Cross-Motion for Summary Judgment is DENIED.

2.

Defendant’s Motion to Strike Exhibit B to Plaintiff’s Complaint and Exhibit D to
Plaintiff’s Motion for Summary Judgment is DENIED.

3.

Defendant’s Motion to Strike Exhibit E to Plaintiff’s Motion for Summary
Judgment is DENIED without prejudice.

4.

Plaintiff’s Motion for Summary Judgment is GRANTED in part and DENIED in
part as follows:
a.

As to Count I of the Complaint for breach of contract, Plaintiff’s Motion is
GRANTED and judgment is entered in favor of Plaintiff Franklin Mills
Associates L.P.;

b.

As to Plaintiff’s request for specified damages, Plaintiff’s Motion is

DENIED for the reasons set forth in the accompanying Memorandum.
IT IS SO ORDERED.

BY THE COURT:

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R. BARCLAY SURRICK, J.

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