O.P. SCHUMAN & SONS, INC. v. DJM ADVISORY GROUP, LLC et al

Filing 35

ORDER THAT THE MOTIONS ARE GRANTED IN PART AND DENIED IN PART AS IT IS OUTLINE AND THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS ACTION TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/16/17. 2/16/17 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
O.P. SCHUMAN & SONS, INC.
v.
DJM ADVISORY GROUP, LLC, et al.

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CIVIL ACTION
No. 16-3563

ORDER
AND NOW, this 16th day of February, 2017, upon consideration of Defendants DJM
Advisory Group, LLC, Banner Life Insurance Company, and William Penn Life Insurance
Company of New York’s Motions to Dismiss, Stay, or Strike, and Plaintiff O.P. Schuman &
Sons, Inc.’s response, and following an oral argument held on January 31, 2017, it is ORDERED
the Motions (Documents 18 & 19) are GRANTED in part and DENIED in part as follows:
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The motions to dismiss this case for lack of standing are DENIED;

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The motions to dismiss are GRANTED insofar as the Court agrees relief is warranted
under the first-filed rule. In lieu of staying or dismissing this case, however, the case will
be transferred to the Middle District of Florida, where an earlier related action is pending;
and

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The motions to strike Plaintiff’s proposed class definition are DENIED.
The Clerk of Court is DIRECTED to TRANSFER this action to the United States District

Court for the Middle District of Florida.
BY THE COURT:

/s/ Juan R. Sánchez.
Juan R. Sánchez, J.