DOWNEY v. FIRST INDEMNITY INSURANCE et al

Filing 91

ORDER THAT AT PLFF'S REQUEST, ALL CLAIMS AGAINST DEFT JOHN M. BIGGIO, FIRST INDEMNITY INS. SERVICES, INC. & FIRST INDEMNITY INS. GROUP ARE DISMISSED. DEFTS FIRST MERCURY INS. CO. & STATE NATIONAL INS. CO.'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 73) IS GRANTED, ETC. DEFTS FIRST INDEMNITY INS., FIRST INDEMNITY INS. AGENCY, INC., FIRST INDEMNITY INS. SERVICES, INC., FIRST INDEMNITY INS. GROUP, ANDREW BIGGIO, & JOHN M. BIGGIO'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 79) IS GRANTED, ETC . DEFTS FIRST INDEMNITY INS. & ANDREW BIGGIO'S "REQUEST FOR ORAL ARGUMENT" (DOC. NO. 89) IS DENIED AS MOOT. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/14/16. 10/14/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
:
PHILIP A. DOWNEY,
:
:
Plaintiff,
:
:
v.
:
:
FIRST INDEMNITY INSURANCE, et al., :
:
Defendants.
:
______________________________________ :

CIVIL ACTION

No. 13-4545

ORDER
AND NOW, this 14th day of October, 2016, upon consideration of “Defendants First
Mercury Insurance Company and State National Insurance Company’s Motion for Summary
Judgment” (Doc. No. 73), “Defendants First Indemnity Insurance, First Indemnity Insurance
Agency, Inc., First Indemnity Insurance Services, Inc., First Indemnity Insurance Group, Andrew
Biggio, and John M. Biggio’s Motion for Summary Judgment” (Doc. No. 79), Plaintiff’s
respective responses in opposition thereto (Doc. Nos. 75, 76, 84), Defendants First Mercury and
State National’s Reply (Doc. No. 77), the parties’ supplemental letter briefs (Doc. Nos. 86, 87,
88), and for the reasons set forth in this Court’s accompanying Memorandum Opinion, it is
hereby ORDERED that:
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At Plaintiff’s request, all claims against Defendants John M. Biggio, First Indemnity
Insurance Services, Inc., and First Indemnity Insurance Group are DISMISSED.

-

Defendants First Mercury Insurance Company and State National Insurance
Company’s Motion for Summary Judgment (Doc. No. 73) is GRANTED.

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JUDGMENT is entered in favor of Defendants First Mercury Insurance Company
and State National Insurance Company on Plaintiff’s breach of contract claim.

-

Defendants First Indemnity Insurance, First Indemnity Insurance Agency, Inc., First
Indemnity Insurance Services, Inc., First Indemnity Insurance Group, Andrew Biggio,
and John M. Biggio’s Motion for Summary Judgment (Doc. No. 79) is GRANTED.

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JUDGMENT is entered in favor of Defendants First Indemnity Insurance, First
Indemnity Insurance Agency, Inc., and Andrew Biggio on Plaintiff’s breach of
contract claim.

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Pursuant to Federal Rule of Civil Procedure 56(f), JUDGMENT is entered in favor
of all Defendants on Plaintiff’s professional negligence claim.

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Pursuant to Federal Rule of Civil Procedure 56(f), JUDGMENT is entered in favor
of all Defendants on Plaintiff’s unjust enrichment claim.

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Pursuant to Federal Rule of Civil Procedure 56(f), JUDGMENT is entered in favor
of all Defendants on Plaintiff’s quasi-contract claim.

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Pursuant to Federal Rule of Civil Procedure 56(f), JUDGMENT is entered in favor
of all Defendants on Plaintiff’s promissory estoppel claim.

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Defendants First Indemnity Insurance and Andrew Biggio’s “Request for Oral
Argument” (Doc. No. 89) is DENIED as moot.

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The Clerk of Court shall mark this case CLOSED for statistical purposes.

BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.

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