ROBINSON et al v. NATIONWIDE MUTUAL INSURANCE COMPANY et al

Filing 59

ORDER THAT ERIE'S MOTION TO DISMISS IS DENIED. NATIONWIDE'S MOTION TO BIFURCATE IS DENIED. S.W. KROUT'S MOTION TO DISMISS CLAIMS FOR PUNITIVE DAMAGES IS GRANTED.SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/26/13. 2/26/13 ENTERED AND COPIES MAILED AND E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARY ANN ROBINSON and
DANIEL ROBINSON, husband and wife
Plaintiffs,
v.
NATIONWIDE MUTUAL INSURANCE
COMPANY, s/b/m HARLEYSVILLE
MUTUAL INSURANCE
COMPANY, et. al.

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CIVIL ACTION

NO. 12-5065

Defendants.
ORDER
AND NOW, this 26th day of February, 2013, upon consideration of (1) Defendant Erie
Insurance Company’s Motion to Dismiss Counts V and VI of the Second Amended Complaint (Docket
No. 39) and Plaintiffs Mary Ann Robinson and Daniel Robinson’s Response in Opposition (Docket
No. 46); (2) Defendant S.W. Krout Inc.’s Motion to Dismiss Claims for Punitive Damages (Docket
No. 40) and the Robinsons’ Response in Opposition (Docket No. 45); and (3) Defendant Nationwide
Mutual Insurance Company’s Motion to Bifurcate (Docket No. 42), the Robinsons’ Response in
Opposition (Docket No. 55), Defendant Krout’s Response in Opposition (Docket No. 54), and
Nationwide’s Reply Brief (Docket No. 56), it is hereby ORDERED as follows:
1.

Erie’s Motion to Dismiss is DENIED.

2.

Nationwide’s Motion to Bifurcate is DENIED.

3.

S.W. Krout’s Motion to Dismiss Claims for Punitive Damages is GRANTED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.