SUNSHINE v. REASSURE AMERICA LIFE INSURANCE COMPANY et al

Filing 25

MEMORANDUM AND ORDER THAT PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT ALLEGING SUBJECT MATTER JURISDICTION. DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, TO STRIKE IS DENIED AS MOOT. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 2/22/11. 2/24/11 ENTERED AND COPIES E-MAILED.(fdc)

SUNSHINE v. REASSURE AMERICA LIFE INSURANCE COMPANY et al

Doc. 25

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BARRY SUNSHINE, on behalf of himself and all others similarly situated, Plaintiff, v. REASSURE AMERICA LIFE INSURANCE COMPANY and SWISS RE LIFE & HEALTH AMERICA, INCORPORATED, Defendants. : : : : : : : : : : : : CIVIL ACTION

No. 10-01030

ORDER AND NOW, this 22nd day of February, 2011, after consideration of defendants' motion to dismiss, or in the alternative, to strike (paper no. 10), plaintiff's response (paper no. 13), defendants' reply (paper no.17), following a conference on September 13, 2010 at which counsel for all parties were heard, and for the reasons stated in the attached memorandum of today's date, it is ORDERED that: 1. Plaintiff's complaint (paper no. 1) is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiff is granted leave to file an amended complaint alleging subject matter jurisdiction. 2. Defendants' motion to dismiss, or in the alternative, to strike (paper no. 10) is DENIED AS MOOT.

/s/ Norma L. Shapiro J.

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