BHARWANI et al v. LINCOLN NATIONAL CORP. et al

Filing 51

ORDER THAT DEFTS' MOTION TO DISMISS (ECF NO. 40) IS GRANTED AS TO COUNTS FIVE, SEVEN, & ELEVEN. PLFFS MAY FILE AN AMENDED COMPLAINT WITH RESPECT TO COUNTS SEVEN & ELEVEN ON OR BEFORE 9/25/2017. DEFTS' MOTION TO DISMISS IS DENIED AS TO COUNTS ONE, TWO, THREE, SIX, EIGHT, NINE, & TEN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/11/17. 9/12/17 ENTERED AND COPIES E-MAILED.(kw, )

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

IN RE:
LINCOLN NATIONAL COI
LITIGATION

:
:

CIVIL ACTION
No. 16-06605

ORDER
AND NOW, this 11th day of September, 2017, upon consideration of
Defendants’ motion to dismiss, (ECF No. 40), Plaintiffs’ response, (ECF No. 44),
and Defendants’ reply, (ECF No. 47), it is hereby ORDERED that:
1. Defendants’ motion to dismiss, (ECF No. 40), is GRANTED as to counts
five, seven, and eleven. Plaintiffs may file an Amended Complaint with
respect to counts seven and eleven on or before September 25, 2017.
2. Defendants’ motion to dismiss is DENIED as to counts one, two, three,
six, eight, nine, and ten.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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