ABC CAPITAL INVESTMENTS, LLC v. CNA FINANCIAL CORPORATION et al

Filing 49

ORDER THAT DEFENDANT CONTINENTAL CASUALTY COMPANY'S MOTION TO DISMISS IS GRANTED. DEFENDANT CITY OF PHILADELPHIA'S MOTION TO DISMISS IS DENIED. DEFENDANT TRANSPORTATION INSURANCE COMPANY'S MOTION TO DISMISS IS GRANTED. DEFENDANT BENEFI CIAL INSURANCE SERVICES, LLC'S MOTION TO DISMISS IS GRANTED. ALL CLAIMS AGAINST DEFENDANTS CONTINENTAL CASUALTY COMPANY, TRANSPORTATION INSURANCE COMPANY, AND BENEFICIAL INSURANCE SERVICES, LLC ARE HEREBY DISMISSED WITHOUT PREJUDICE.. SIGNED BY HONORABLE J. CURTIS JOYNER ON 6/20/2017. 6/21/2017 ENTERED AND COPIES E-MAILED.(kp, )

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

ABC CAPITAL INVESTMENTS, LLC, AND
ALPHA CAPITAL INVESTMENTS, LLC,

:
:
:
Plaintiffs,
:
:
v.
:
:
CNA FINANCIAL CORPORATION, et al., :
:
Defendants.
:

CIVIL ACTION
NO. 16-CV-4943

ORDER
AND NOW, this

20th

day of June, 2017, upon consideration

of Defendants’ Motions to Dismiss (Doc. Nos. 20, 25, 30, and 32),
Plaintiffs’ Consolidated Reply in Opposition thereto (Doc. No.
33), and the Parties’ various replies, sur replies, and
supplemental briefing (Doc. Nos. 35, 36, 38, 45, 46, and 47), for
the reasons stated in the accompanying Memorandum, it is hereby
ORDERED that:
(1) Defendant Continental Casualty Company’s Motion to
Dismiss Plaintiffs’ Amended Complaint (Doc. No. 20) is GRANTED;
(2) Defendant City of Philadelphia’s Motion to Dismiss for
Failure to State a Claim (Doc. No. 25) is DENIED;
(3) Defendant Transportation Insurance Company’s Motion to
Dismiss Plaintiffs’ Amended Complaint (Doc. No. 30) is GRANTED;
(4) Defendant Beneficial Insurance Services, LLC’s Motion to
Dismiss Plaintiffs’ Amended Complaint (Doc. No. 32) is GRANTED;

(5) All claims against Defendants Continental Casualty
Company, Transportation Insurance Company, and Beneficial
Insurance Services, LLC, are hereby DISMISSED WITHOUT PREJUDICE.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER,

J.