SOLID WASTE SERVICES, INC. v. NEW YORK MARINE AND GENERAL INSURANCE COMPANY

Filing 24

ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOCKET NO. 11) IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS (DOCKET NO. 15) IS DENIED. PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. COUNSEL FOR THE PARTIES ARE ORDERED TO APPEAR FOR A CHAMBERS CONFERENCE WITH THE COURT AT 4:30 P.M. ON JANUARY 7, 2014. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/10/13. 12/12/13 ENTERED AND COPIES E-MAILED.(rab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SOLID WASTE SERVICES, INC.,
Plaintiff,
v.
NEW YORK MARINE & GENERAL
INSURANCE CO.,
Defendant.

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CIVIL ACTION

NO. 13-1525

ORDER
AND NOW, this 10th day of December, 2013, upon consideration of Defendant New
York Marine and General Insurance Company’s Motion for Judgment on the Pleadings (Doc.
No. 11) and Plaintiff Solid Waste Services, Inc.’s Cross-Motion for Judgment on the Pleadings
(Doc. No. 15), and all the Responses and Replies thereto, it is hereby ORDERED that:
1. Defendant’s Motion is GRANTED as to Count I of the Counterclaim but DENIED as
to Count II and III;
2. Plaintiff’s Motion is DENIED;
3. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED with prejudice.
4. Count III of the Counterclaim remains extant, and counsel for the parties are ordered to
appear for a Chambers Conference with the Court at 4:30 p.m. on January 7, 2014.

BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE