BOARD OF TRUSTEES, ROOFERS UNION LOCAL 30 COMBINED HEALTH AND WELFARE FUND et al v. LIBERTY MUTUAL INSURANCE COMPANY

Filing 8

MEMORANDUM AND ORDER THAT DEFENDANT LIBERTY MUTUAL INSURANCE COMPANY'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO STRIKE CLAIM FOR BAD FAITH AND ATTORNEYS' FEES [#4] IS GRANTED AS FOLLOWS: PARAGRAPH TWENTY-FOUR 24 OF THE COMPLAINT IS STRICKEN. PLAINTIFFS' CLAIM FOR BAD FAITH AND RELATED ATTORNEYS' FEES IS DISMISSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/14/15. 7/15/15 ENTERED & E-MAILED.(fdc)

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

BOARD OF TRUSTEES, ROOFERS
UNION LOCAL 30 COMBINED
HEALTH AND WELFARE FUND, et al.
Plaintiffs,
v.
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendant.

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CIVIL ACTION

NO. 15-2820

ORDER
AND NOW, this 14th day, of July, 2015, upon consideration of Defendant Liberty Mutual
Insurance Company’s Motion to Dismiss or, In the Alternative, Motion to Strike Claim for Bad
Faith and Attorneys’ Fees (Docket No. 4), and the Response by Plaintiffs Board of Trustees,
Roofers Union Local 30 Combined Health and Welfare Fund, et al. (Docket No. 6), it is hereby
ORDERED that the Motion is GRANTED as follows:
1.

Paragraph Twenty-Four (24) of the Complaint is STRICKEN.

2.

Plaintiffs’ claim for bad faith and related attorneys’ fees is DISMISSED.

It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.