DIKE v. THE PENN INSURANCE AND ANNUITY COMPANY

Filing 20

MEMORANDUM AND ORDER THAT, HAVING CONSIDERED THE MOTION TO DISMISS THE AMENDED COMPLAINT 9 OF DEFENDANT PENN INSURANCE AND ANNUITY COMPANY, COUNT I IS DISMISSED, WITH PREJUDICE; COUNT II IS DISMISSED, WITH PREJUDICE; COUNT III IS DISMISSED, WITH P REJUDICE; COUNT IV IS DISMISSED, WITHOUT PREJUDICE, WITH LEAVE TO AMEND. COUNT V IS DISMISSED, WITHOUT PREJUDICE, WITH LEAVE TO AMEND. ANY AMENDMENTS MUST BE MADE WITHIN FOURTEEN (14) DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/10/18. 1/10/18 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID DIKE,

CIVIL ACTION

v.
THE PENN INSURANCE AND
ANNUITY COMPANY

NO. 17-1410

ORDER RE: MOTION TO DISMISS AMENDED COMPLAINT

AND NOW, having considered the Motion to Dismiss the Amended Complaint (ECF 9) of Defendant
Penn Insurance and Annuity Company, and the response and reply thereto, and for the reasons
explained in the foregoing memorandum, it is hereby ORDERED that:
1. Count I is DISMISSED, with prejudice;
2. Count II is DISMISSED, with prejudice;
3. Count III is DISMISSED, with prejudice;
4. Count IV is DISMISSED, without prejudice, with leave to amend.
5. Count V is DISMISSED, without prejudice, with leave to amend.
6. Any amendments must be made within fourteen (14) days.

BY THE COURT:

Dated: 1/10/2018
O:\Christina.2017\Dike v. Penn Insurance (17-1410)\17-1410_MTD Order.docx

/s/ Michael M. Baylson
Michael M. Baylson, U.S.D.J.