ACE AMERICAN INSURANCE COMPANY v. FUJIFILM SMART SURFACES, LLC et al

Filing 22

ORDER THAT MOTION OF DEFT CARR CREEK MARINA TO DISMISS THE COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION IS GRANTED. MOTION OF DEFT CARR CREEK MARINA TO DISMISS THE CROSS-CLAIM OF DEFT FUJIFILM SMART SURFACES, LLC FOR LACK OF SUBJECT MATTER JURIS DICTION IS GRANTED; MOTION OF PLFF TO FILE AN AMENDED COMPLAINT IS DENIED; & MOTION OF DEFT FUJIFILM FOR LEAVE TO AMEND ITS CROSS-CLAIM TO NAME THE CORRECT PARTY &/OR TO JOIN THIRD PARTY DEFT IS DENIED.SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/1/11. 12/1/11 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ACE AMERICAN INSURANCE CO.
v.
FUJIFILM SMART SURFACES, LLC,
et al.

:
:
:
:
:
:

CIVIL ACTION

NO. 11-3435

ORDER
AND NOW, this 1st day of December, 2011, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
(1)

the motion of defendant Carr Creek Marina to

dismiss the complaint for lack of subject matter jurisdiction
(Doc. #12) is GRANTED;
(2)

the motion of defendant Carr Creek Marina to

dismiss the cross-claim of defendant Fujifilm Smart Surfaces, LLC
for lack of subject matter jurisdiction (Doc. #13) is GRANTED;
(3)

the motion of plaintiff Ace American Insurance

Company to file an amended complaint (Doc. #17) is DENIED; and
(4)

the motion of defendant Fujifilm for leave to

amend its cross-claim to name the correct party and/or to join
third party defendant (Doc. #15) is DENIED.
BY THE COURT:

/s/ Harvey Bartle III
J.