WALLACE v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al

Filing 40

ORDER THAT DEFENDANTS MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT ARE GRANTED. DEFENDANT'S MOTION FOR LEAVE TO FILE SURREPLY BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR REMAND IS GRANTED. PLAINTIFF'S SURREPLY BRIEF SHALL BE DEEMED FILED. PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/19/13. 12/20/13 ENTERED AND E-MAILED, MAILED TO UNREP.(jl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILLIAM WALLACE, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et. al., Defendants. : : : : : : : : : : : Civil Action No. 13-cv-3867 ORDER AND NOW, this 19th day of December 2013, upon consideration of plaintiff’s objection to removal and request for remand (doc. no. 16), defendants’ responses (docs. no. 18, 20 and 22) and plaintiff’s reply thereto (doc. no. 27), and upon consideration of defendants’ motions to dismiss plaintiff’s amended complaint (docs. no. 17, 19, 21 and 38) and plaintiff’s response thereto (doc. no. 28), it is hereby ORDERED that: 1. Plaintiff’s objection to removal and request for remand (doc. no. 16) is DENIED; 2. Defendants’ motions to dismiss plaintiff’s amended complaint (docs. no. 17, 19, 21 and 38) are GRANTED; 3. Defendant’s motions to dismiss plaintiff’s complaint (docs. no. 9, 10 and 13) are DENIED as moot; 4. Plaintiff’s motion for leave to file a reply brief in support of his motion for remand and extension of time to respond to defendants’ motion to dismiss (doc. no. 24) is GRANTED; 5. Defendant’s motion for leave to file surreply brief in opposition to plaintiff’s motion for remand (doc. no. 29) is GRANTED. Plaintiff’s surreply brief (doc. no. 29-1) shall be deemed FILED; 6. Plaintiff’s amended complaint is DISMISSED WITH PREJUDICE; and 7. The clerk is directed to mark this case CLOSED. BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

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