FILIPPELLO v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY et al

Filing 12

ORDER THAT PLAINTIFF'S MOTION TO REMAND IS DENIED. THE BREACH OF CONTRACT, UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW, AND BAD FAITH CLAIMS AGAINST DEFENDANTS MATT BRICKNER, ANDREW PAUL AND THOMAS GALLO ARE DISMISSED WITHOUT PREJUDICE. I T IS FURTHER ORDER THAT PLAINTIFF'S UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW CLAIM AGAINST DEFENDANT TRANSAMERICA PREMIER LIFE INSURANCE COMPANY IS DISMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL HAVE LEAVE TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 2/16/2018. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/16/2018. 1/17/2018 ENTERED AND COPIES MAILED TO UNREP, E-MAILED. (kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARYANN A. FILIPPELO,
Plaintiff,

CIVIL ACTION

v.
TRANSAMERICA PREMIER LIFE
INSURANCE COMPANY, MATT
BRICKNER, ANDREW PAUL AND
THOMAS GALLO,
Defendants.

NO. 17-5743

ORDER
AND NOW, this 16th day of January, 2018, upon consideration of Plaintiff’s Motion for
Remand to State Court (ECF No. 3); Defendants Transamerica Premier Life Insurance
Company’s, Andrew Paul’s and Thomas Gallo’s Response in Opposition Thereto (ECF No. 5);
Plaintiff’s Reply in Support of Motion for Remand (ECF No. 6); Defendants Transamerica
Premier Life Insurance Company’s, Andrew Paul’s and Thomas Gallo’s Motion to Dismiss
(ECF No. 4); and Plaintiff’s Response in Opposition Thereto (ECF No. 8), IT IS ORDERED
that Plaintiff’s Motion for Remand is DENIED. The Breach of Contract (Count I), Unfair Trade
Practices and Consumer Protection Law (Count II), and Bad Faith (Count III) claims against
Defendants Matt Brickner, Andrew Paul, and Thomas Gallo are DISMISSED WITHOUT
PREJUDICE under Rule 12(b)(1) of the Federal Rules of Civil Procedure. IT IS FURTHER
ORDERED that Plaintiff’s Unfair Trade Practices and Consumer Protection Law (Count II)
claim against Defendant Transamerica Premier Life Insurance Company is DISMISSED
WITHOUT PREJUDICE under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Plaintiff shall have leave to file a Second Amended Complaint to address issues
identified in the accompanying Memorandum Opinion. The Second Amended Complaint must
be filed no later than February 16, 2018.

BY THE COURT:

/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.

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