OSWOOD et al v. PENN PUBLIC TRUST et al

Filing 184

ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED AS TO THEIR SECTION 1132(a)(2) ERISA CLAIM PREMISED ON THE ISSUANCE OF THE LOAN ON THE POLICY. DEFENDANTS' CROSS-MOTIOPN IS GRANTED AS TO PLAINTIFFS' ERISA CLAIMS ST EMMING FROM THE TWO CHANGES TO THE POLICY OWNER; PLAINTIFFS' RICO CLAIMS AND PLAINTIFFS' COMMON LAW CLAIMS, WHICH CLAIMS ARE HEREBY DISMISSED. THE PARTIES' MOTIONS ARE DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/1/22. 8/1/22 ENTERED AND COPIES E-MAILED.(mbh)

Case 2:13-cv-00666-WB Document 184 Filed 08/01/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MORGEN & OSWOOD
CONSTRUCTION CO., INC., and
GREGORY A. OSWOOD
Plaintiffs,

CIVIL ACTION

v.

NO. 13-666

NATIONWIDE LIFE INSURANCE
COMPANY,
Defendant.
ORDER
AND NOW, this 1st day of August, 2022, upon consideration of Plaintiffs’ Motion for
Partial Summary Judgment (ECF No. 163), Defendant’s Cross-Motion for Summary Judgment
and Opposition to Plaintiffs’ Motion (ECF Nos. 169-70), Plaintiffs’ Brief in Opposition to
Defendant’s Motion and in Support of its Motion (ECF No. 173-74, 180), Defendant’s Reply
Brief in Further Support of its Motion (ECF No. 177), and the Parties’ Joint Appendix in support
of their Motions (ECF No. 182), IT IS HEREBY ORDERED as follows:
1. Plaintiffs’ Motion is GRANTED as to their Section 1132(a)(2) ERISA claim premised
on the issuance of the loan on the Policy.
2. Defendant’s Motion is GRANTED as to: (1) Plaintiffs’ ERISA claims under 29 U.S.C. §
1132(a)(2) stemming from the two changes to the policy owner; (2) Plaintiffs’ RICO
claims under 18 U.S.C. § 1962(c); and, (3) Plaintiffs’ common law claims, which claims
are HEREBY DISMISSED.
3. The Parties’ Motions are DENIED in all other respects.
BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.