JACOBY v. AXA EQUITABLE LIFE INSURANCE COMPANY

Filing 21

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION IS GRANTED IN PART (COUNTS III, IV AND V) AND DENIED IN PART (COUNTS I AND II). THE PARTIES SHALL WITHIN ONE WEEK OF THIS ORDER, INITIATE A JOINT CALL TO CHAMBERS 267-299-7690 TO A SCHEDULE A RULE 16 CONFER ENCE. DEFENDANT SHALL FILE AN ANSWER TO COUNTS I AND II OF THE AMENDED COMPLAINT WITHIN 20 DAYS OF THE ENTRY OF THIS ORDER. PARTIES ARE ENCOURAGED TO CONTACT MAGISTRATE JUDGE ELIZABETH HEY TO SCHEDULE A SETTLEMENT CONFERENCE.. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 12/15/14. 12/15/14 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES H. JACOBY, AS TRUSTEE ON
BEHALF OF THE INDENTURE OF THE
TRUST OF RICHARD A. JACOBY
DATED OCTOBER 31, 1992
v.
AXA EQUITABLE LIFE INSURANCE
COMPANY

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CIVIL ACTION

NO. 13-6511

ORDER
AND NOW, this 15th day of December, 2014, having considered Defendant’s Motion to
Dismiss Plaintiff’s Amended Complaint (ECF Doc. 12), Plaintiff’s response thereto (Doc. 13),
and the parties’ letter briefs (Docs. 18, 19), and having held oral argument on Defendant’s
Motion, it is hereby ORDERED that:
1. Defendant’s motion is GRANTED IN PART (Counts III, IV, and V) and DENIED IN
PART (Counts I and II).
2. The parties shall, within one week of this Order, initiate a joint call to chambers at 267299-7690 to schedule a Rule 16 conference.
3. Defendant shall file an answer to Counts I and II of the Amended Complaint within
twenty days of the entry of this Order.

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4. The parties are encouraged to contact Magistrate Judge Elizabeth Hey at 267-299-7670 to
schedule a settlement conference if the parties believe settlement discussions may be productive
at this stage.

BY THE COURT:

__/s/ L. Felipe Restrepo___________
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE

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