EL BOR CORP. v. FIREMAN'S FUND INSURANCE CO.

Filing 29

ORDER THAT DEFT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART & DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT PRETRIAL MEMORANDA, PROPOSED VOIR DIRE QUESTIONS, JURY INSTRUCTIONS, ETC. & ANY MOTIONS IN LIMINE SHALL BE FILED BY 5/27/2011. FINAL PRETRIAL CONFERENCE SET FOR 6/8/2011 AT 2:00 P..M IN COURTROOM 11A, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/6/11. 5/9/11 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EL BOR CORP. d/b/a
JUNIATA FITNESS,

:
:
:
Plaintiff,
:
:
v.
:
:
FIREMAN'S FUND INSURANCE :
COMPANY,
:
:
Defendant.
:

CIVIL ACTION
NO. 09-5005

O R D E R
AND NOW, this 6th day of May, 2011, it is hereby
ORDERED that Defendant’s motion for summary judgment (doc. no.
24) is GRANTED in part and DENIED in part as follows:
1)

Defendant’s motion is DENIED as to Plaintiff’s
Count One claim for breach of contract;

2)

Defendant’s motion is GRANTED as to Plaintiff’s
Count Two statutory bad faith claim;

It is hereby further ORDERED that pretrial memoranda
pursuant to Local Rule of Civil Procedure 16.1(c); proposed voir
dire questions, jury instructions,1 special interrogatories, and
verdict forms for a jury trial (or proposed findings of fact and
conclusions of law for a non-jury trial); and any motions in
limine shall be filed by Friday, May 27, 2011;
It is hereby further ORDERED that a final pretrial
conference shall be held on Wednesday, June 8, 2011, at 2:00 P.M.

1

Each proposed jury instruction should be numbered,
should appear on a separate page, and should include citations to
the authorities supporting the proposed instruction.

in Courtroom 11A, United States Courthouse, 601 Market St.,
Philadelphia, Pennsylvania.

AND IT IS SO ORDERED.
S/Eduardo C. Robreno
EDUARDO C. ROBRENO, J.

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