GARDNER DENVER, INC. v. ARCH INSURANCE COMPANY et al

Filing 33

ORDER THAT COUNT I IS DISMISSED WITH PREJUDICE BY STIPULATION OF THE PARTIES. DEFENDANTS' MOTION TO DISMISS COUNT II AND IV IS DENIED. THE COURT RESERVES A DECISION ON DEFENDANT'S MOTION TO DISMISS COUNT III UNTIL AFTER TRIAL. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO COUNTS II AND TRHOUGH IV OF THE FIRST AMENDED COMPLAINT WITHIN 14 DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/16/2016. 12/16/2016 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GARDNER DENVER, INC.,
Plaintiff,

CIVIL ACTION
NO. 16-0159

v.
ARCH INSURANCE COMPANY, et al.,
Defendants.
ORDER

AND NOW, this 16th day of December 2016, upon consideration of Defendants’
Motions to Dismiss (Doc. Nos. 16, 18), Plaintiff’s Response in Opposition (Doc. No. 22), and
Defendants’ Reply to Plaintiff’s Response (Doc. No. 23) and in accordance with the Opinion of
the Court issued this day, it is ORDERED as follows:
1. Count I is dismissed with prejudice by stipulation of the parties. (Doc. No. 29.)
2. Defendants’ Motion to Dismiss Counts II and IV is DENIED.
3. The Court reserves a decision on Defendants’ Motion to Dismiss Count III until after
trial.
4. Defendants are ORDERED to file an Answer to Counts II through IV of the First
Amended Complaint within fourteen (14) days from the entry of this Order.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.