ASSURITY LIFE INSURANCE COMPANY v. NICHOLAS et al

Filing 26

ORDER THAT PLAINTIFF ASSURITY LIFE INSURANCE COMPANYS MOTION TO DISMISS DEFENDANT JOHN NICHOLAS COUNTERCLAIMS (DOC. NO. 7 ) MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AS TO COUNTS II, III, IV, V, VI AND VII OF DEF ENDANTS COUNTERCLAIMS AND THOSE COUNTS ARE DISMISSED WITH PREJUDICE; AND THE MOTION IS DENIED AS TO COUNTS I AND VIII OF DEFENDANTS COUNTERCLAIMS. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 10/1/15. 10/1/15 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ASSURITY LIFE INSURANCE
COMPANY,
Plaintiff,
v.
JOHN NICHOLAS, EXECUTOR OF
THE ESTATE OF SALLY NICHOLAS
AND RITA THOMPSON,
Defendants.

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CIVIL ACTION
No. 14-6522

ORDER
AND NOW, this 1st day of October, 2015, upon consideration of Plaintiff Assurity Life
Insurance Company’s Motion to Dismiss Defendant John Nicholas’ Counterclaims (Doc. No. 7)
and the parties briefs in support thereof and in opposition thereto, and after oral argument, it is
HEREBY ORDERED that Plaintiff’s Motion is GRANTED IN PART AND DENIED IN
PART as follows:
The Motion is GRANTED as to Counts II, III, IV, V, VI and VII of Defendant’s
Counterclaims and those counts are DISMISSED WITH PREJUDICE; and
The Motion is DENIED as to Counts I and VIII of Defendant’s Counterclaims

BY THE COURT:

/s/ Marilyn Heffley
MARILYN HEFFLEY
UNITED STATES MAGISTRATE JUDGE