BIG RED MANAGEMENT CORP v. ZURICH AMERICAN INSURANCE COMPANY

Filing 61

ORDERED THAT DEFENDANTS MOTION TO DISMISS IS GRANTED, AND PLAINTIFFS AMENDED COMPLAINT (DOC. NO. 40) IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE KAREN S. MARSTON ON 1/7/22. 1/7/22 ENTERED AND COPIES E-MAILED.(jaa, )

Case 2:20-cv-02113-KSM Document 61 Filed 01/07/22 Page 1 of 2

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

CIVIL ACTION

BIG RED MANAGEMENT CORP., on
behalf of itself and all others similarly
situated,

NO. 20-2113-KSM
Plaintiff,
v.
ZURICH AMERICAN INSURANCE
COMPANY,
Defendant.

ORDER
AND NOW, this 7th day of January, 2022, upon consideration of Defendant’s Motion to
Dismiss Plaintiff Big Red Management Corp’s Amended Complaint (Doc. No. 41), Plaintiff’s
Memorandum of Law in Opposition to Defendant’s Motion to Dismiss for Failure to State a
Claim (Doc. No. 42), Defendant’s Reply Brief in Further Support of Motion to Dismiss (Doc.
No. 43), Plaintiff’s Sur-Reply in Opposition to Defendant’s Motion to Dismiss for Failure to
State a Claim (Doc. No. 44), Defendant’s Notice of Supplemental Authorities in Support of Its
Motion to Dismiss the Amended Complaint (Doc. No. 48), Plaintiff’s Response to Defendant’s
Notice of Supplemental Authorities (Doc. No. 49), Plaintiff’s Notice of Supplemental Authority
(Doc. No. 50), Defendant’s Response to Plaintiff’s Notices of Supplemental Authority (Doc. No.
52), Plaintiff’s Response to Defendant’s Response to Plaintiff’s Notices of Supplemental
Authorities (Doc. No. 53), Defendant’s Response to Plaintiff’s Reply in Support of Its First and
Second Notices of Supplemental Authorities (Doc. No. 55), Defendant’s Second Notice of
Supplemental Authorities in Support of Its Motion to Dismiss the Amended Complaint (Doc.

Case 2:20-cv-02113-KSM Document 61 Filed 01/07/22 Page 2 of 2

No. 51), and Defendant’s Third Notice of Supplemental Authorities in Support of Its Motion to
Dismiss the Amended Complaint (Doc. No. 54), it is ORDERED that Defendant’s Motion to
Dismiss is GRANTED, and Plaintiff’s Amended Complaint (Doc. No. 40) is DISMISSED
WITH PREJUDICE.
IT IS SO ORDERED.

/s/ Karen Spencer Marston
______________________________
KAREN SPENCER MARSTON, J.