WILSON v. TRAVELERS INSURANCE COMPANY
OPINION/ORDER THAT THE MOTION TO STRIKE IS DENIED; THE MOTION TO REMAND IS GRANTED; THIS MATTER IS REMANDED TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PA; THE MOTION FOR JURISDICTIONAL DISCOVERY IS DENIED; AND THE MOTION/REQUEST FOR A PROT ECTIVE ORDER IS DENIED AS MOOT. TRAVELER'S REQUEST FOR THE PAYMENT OF JUST COSTS AND ANY ACTUAL EXPENSES, INCLUDING ATTORNEY'S FEES, INCURRED AS A RESULT OF THE REMOVAL IS GRANTED. TRAVELERS SHALL HAVE A PERIOD OF TEN DAYS FROM THE DATE O F THIS ORDER TO FILE A BILL OF COSTS. MURPHY SHALL HAVE A PERIOD OF SEVEN DAYS FROM THE DATE OF THIS ORDER TO RESPOND TO THE BILL OF COSTS; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/30/15. 3/30/15 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED. (ky, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRAVELERS INSURANCE COMPANY,
CIVIL ACTION NO. 14-920
AND NOW, this 30th day of March, 2015, after considering the motion to remand filed
by the defendant, Travelers Insurance Company (Doc. No. 4), the responses to the motion to
remand filed by Robert J. Murphy, Esquire (“Murphy”) (Doc. Nos. 5-6), Travelers’ reply brief in
support of the motion to remand (Doc. No. 7), Murphy’s motion to strike and response to
Travelers’ reply brief (Doc. No. 8), Travelers’ response to the motion to strike (Doc. No. 10),
Murphy’s praecipe to file a supplemental verification (Doc. No. 11), Murphy’s motion for
discovery (Doc. No. 12), Travelers’ response to the motion for discovery and a motion for a
protective order (Doc. No. 14), Murphy’s memorandum of law in support of his motion for
discovery and in opposition to Travelers’ motion for a protective order (Doc. No. 15), and the
original state court record (Doc. No. 18); 1 and after reviewing the notice of removal (Doc. No.
1); and, for the reasons set forth in the accompanying memorandum opinion, it is hereby
ORDERED as follows:
The motion to strike (Doc. No. 8) is DENIED;
Travelers filed a surreply in opposition to Murphy’s motion for jurisdictional discovery on August 28, 2014. Doc.
No. 19. The court did not consider that document in addressing the motions herein as it was filed well outside of
any required filing period and without leave of court.
The motion to remand (Doc. No. 4) is GRANTED and this matter is
REMANDED to the Court of Common Pleas of Philadelphia County, Pennsylvania, pursuant to
28 U.S.C. § 1447(c);
The motion for jurisdictional discovery (Doc. No. 12) is DENIED;
The motion/request for a protective order (Doc. No. 14) is DENIED AS MOOT;
Travelers’ request for the payment of just costs and any actual expenses,
including attorney’s fees, incurred as a result of the removal is GRANTED. Travelers shall
have a period of ten (10) days from the date of this order to file a bill of costs. Murphy shall
have a period of seven (7) days from the date of this order to respond to the bill of costs; and
The clerk of court shall mark this matter as CLOSED.
BY THE COURT:
/s/ Edward G. Smith, J.
EDWARD G. SMITH, J.
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