SUNSHINE v. REASSURE AMERICA LIFE INSURANCE COMPANY et al

Filing 43

MEMORANDUM AND ORDER THAT THE "MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) OF THE FRCP, OR, IN THE ALTERNATIVE, TO STRIKE PLAINTIFF'S PRAYER FOR RELIEF PURSUANT TO RULE 12(F) OF THE FRCP AND REQUEST FOR ORAL ARGUMENT" IS GRANTED IN PAR T. COUNTS II, III AND IV ARE DISMISSED WITH PREJUDICE AND THE PRAYER FOR PUNITIVE DAMAGES IS DENIED. COUNT I IS DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 3/6/12. 3/7/12 ENTERED AND E-MAILED.(fdc)

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.

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CIVIL ACTION

No. 10-1030

ORDER
AND NOW, this 6th day of March, 2012, following oral argument on November 22,
2011 at which all parties were heard, upon consideration of the Reassure America Life Insurance
Company and Swiss Re Life & Health America, Incorporated motion to dismiss (paper no. 28),
the Barry Sunshine response (paper no. 32) and the Reassure America Life Insurance Company
and Swiss Re Life & Health America, Incorporated reply (paper no. 35), and for the reasons
stated in the attached memorandum of today’s date, it is ORDERED that:
1.
The “Motion to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure, or, in the Alternative, to Strike Plaintiff’s Prayer for Relief Pursuant to Rule 12(f) of
the Federal Rules of Civil Procedure and Request for Oral Argument” (paper no. 28) is
GRANTED IN PART. Counts II, III and IV are dismissed with prejudice and the prayer for
punitive damages is denied.
2.

Count I is dismissed without prejudice for lack of subject matter jurisdiction.

/s/ Norma L. Shapiro
J.