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, )

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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.

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