MITTMAN v. NATIONWIDE AFFINITY INSURANCE COMPANY

Filing 10

MEMORANDUM ORDER THAT NATIONWIDE'S MOTOIN TO DISMISS COUNT III (DOC. NO. 6 ), IS GRANTED. COUNT III OF MITTMAN'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. MITTMAN SHALL FILE AN AMENDED COMPLAINT CONSISTENT WITH THIS OPINION ON OR BEFORE 5/12/2017. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/10/2017. 4/10/2017 ENTERED AND COPIES E-MAILED.(amas)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEREMY Z. MITTMAN, individually and as parent and natural guardian of JACOB MITTMAN, a minor, CIVIL ACTION NO. 16-04658 Plaintiffs, v. NATIONWIDE AFFINITY INSURANCE COMPANY, Defendant. ORDER AND NOW, this 10th day of April, 2017, upon consideration of Nationwide’s Motion to Dismiss Count III (ECF No. 6), and Plaintiff Mittman’s Response (ECF No. 7), it is hereby ORDERED that: 1. Nationwide’s motion is GRANTED; 2. Count III of Mittman’s Complaint is DISMISSED without prejudice; 3. Mittman shall file an amended complaint consistent with this opinion on or before May 12, 2017. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J. 10

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