JAMES F. CAMPENELLA CONSTRUCTION CO., INC. et al v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK

Filing 10

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 3) IS GRANTED IN PART AS TO THE SECOND COUNT AND DENIED AS TO THE FIRST COUNT, AS OUTLINED HEREIN.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/21/10. 5/24/10 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES F. CAMPENELLA CONSTRUCTION CO., INC., et al. v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK : : : : : : : CIVIL ACTION

NO. 10-0681

ORDER AND NOW, this 21st day of May, 2010, for the reasons stated in the foregoing

Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 3) is GRANTED in part as to the Second Count and DENIED as to the First Count, alleging breach of contract. In addition, the Court directs counsel to confer promptly with each other concerning the procedure to be followed for the appraisal process as set forth in the insurance policy, and within fourteen (14) days, file a stipulation setting forth an agreed upon procedure or a letter brief, limited to five (5) pages, setting forth each party's position as to what procedure should be followed. The letter should discuss any discovery that either party feels is necessary if there is no agreement as to discovery. Thereafter, the Court may have a hearing or decide what procedure should be followed. BY THE COURT: s/Michael M. Baylson Michael M. Baylson, U.S.D.J.
O :\C I V I L 09-10\10-681 Campanella v. Great American\Campanella - Order Partial Dismissal.wpd