LASH v. RELIANCE STANDARD LIFE INSURANCE COMPANY et al

Filing 40

ORDER THAT RELIANCE & MATRIX'S MOTION TO DISMISS PLFF'S FIRST AMENDED COMPLAINT (DOC. NO. 28) IS GRANTED IN PART & DENIED IN PART AS FOLLOWS: THE MOTION TO DISMISS IS GRANTED AS TO COUNTS I, II, & IV AS AGAINST MATRIX FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO F.R.C.P. 12(b)(6), & MATRIX IS DISMISSED AS A DEFT TO THIS ACTION. THE MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/4/17. 4/4/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KIMBERLY LASH
v.
RELIANCE STANDARD LIFE
INSURANCE CO., et al.

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CIVIL ACTION

NO. 16-235

ORDER
AND NOW, this 4th day of April, 2017, upon consideration of Reliance and Matrix’s
Motion to Dismiss Plaintiff’s First Amended Complaint (Docket No. 28), all documents filed in
connection therewith, and for the reasons stated in the accompanying Memorandum, IT IS
HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as
follows:
1.

The Motion to Dismiss is GRANTED as to Counts I, II, and IV as against Matrix
for failure to state a claim upon which relief can be granted pursuant to Federal
Rule of Civil Procedure 12(b)(6), and Matrix is DISMISSED as a Defendant to
this action.

2.

The Motion to Dismiss is DENIED in all other respects.

BY THE COURT:
/s/ John R. Padova, J.
John R. Padova, J.