ALLSTATE INSURANCE COMPANY et al v. PENNSYLVANIA CHIROPRACTIC SERVICES CORP. et al

Filing 66

MEMORANDUM ORDER THAT ALLSTATE'S MOTION TO DISMISS (DOC. NO. 51 ) IS DENIED AS TO COUNTS ONE AND TWO OF THE COUNTERCLAIMS AND GRANTED AS TO COUNTS THREE AND FOUR. COUNT THREE IS DISMISSED WITH PREJUDICE; COUNT FOUR IS DISMISSED WITHOUT PREJUDIC E. COUNTERCLAIM PLAINTIFFS HAVE 14 DAYS FROM THE DATE OF THIS ORDER TO AMEND THEIR COMPLAINT. ALLSTATE'S MOTION FOR SANCTIONS (DOC. NO. 55 ), IS DENIED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/24/2016. 10/25/2016 ENTERED AND COPIES E-MAILED.(amas)

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

Allstate Insurance Company et al.,
Plaintiffs,

CIVIL ACTION

v.

NO. 16-1318

Pennsylvania Chiropractic Services Corp.
et al.,
Defendants.

ORDER
AND NOW, this 24th

day of October 2016, after review of ECF 48, ECF 51, ECF 52,

and ECF 54, and for the reasons stated in the accompanying memorandum, it is hereby
ORDERED that Allstate’s Motion to Dismiss (ECF 51) is resolved as follows:
•

As to Counts One and Two of the Counterclaims, Allstate’s Motion is DENIED.

•

As to Counts Three and Four, Allstate’s Motion is GRANTED. Count Three is
DISMISSED WITH PREJUDICE; Count Four is DISMISSED WITHOUT
PREJUDICE. Counterclaim Plaintiffs have 14 days from the date of this order
to amend their Complaint.

Further, the Court has considered Allstate’s Motion for Sanctions (ECF 55) along with
the response and reply thereto, and finds that Counterclaim Plaintiffs’ conduct in this case does
not warrant imposition of sanctions. Allstate’s Motion for Sanctions (ECF 55) is DENIED.

BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON, U.S.D.J.
O:\C IV IL 16\16-1318 Allstate v Pa Chirop ractic\16cv1318 Order re M TD 10.24.16.docx