STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. THE FRAMEWORKERS.COM INC. et al

Filing 31

MEMORANDUM AND ORDER FRANTZ REQUEST THAT THIS COURT DECLINE JURISDICTION OVER STATE AUTO'S DECLARATORY JUDGMENT ACTION IS GRANTED. FRANTZS MOTION FOR SUMMARY JUDGMENT (DOC. 28) IS DENIED AS MOOT. STATE AUTO'S MOTION FOR SUMMARY JUDGMENT (DO C. 26) IS DENIED AS MOOT. INTERVENOR-DEFENDANT GEORGE CARPOZI III, INC'S MOTION FOR SUMMARY JUDGMENT (DOC. 27) IS DENIED AS MOOT. STATE AUTOS COMPLAINT IS DISMISSED. CLERK SHALL CLOSE THIS CASE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/23/12. 8/23/12 ENTERED AND COPIES MAILED TO UNREPS, EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STATE AUTOMOBILE MUTUAL
INSURANCE COMPANY,
Plaintiff,
v.
THE FRAMEWORKERS.COM, INC.,
JOSEPH LALLI t/a and/or d/b/a
THE FRAMEWORKERS.COM, and
DAVID FRANTZ,
Defendants.

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CIVIL ACTION

No. 11-3271

ORDER
AND NOW, this 23rd day of August, 2012, upon consideration of Defendant David
Frantz’s Motion for Summary Judgment and State Automobile Insurance Company’s Brief in
Opposition to Frantz’s Motion for Summary Judgment Requesting the Court Decline Jurisdiction
in this Declaratory Judgment Action, and for the reasons provided in this Court’s Memorandum
dated August 23, 2012, it is hereby ORDERED that:
1.

Frantz’s request that this Court decline jurisdiction over State Auto’s declaratory
judgment action is GRANTED.

2.

Frantz’s Motion for Summary Judgment (Document No. 28) is DENIED as
moot.

3.

State Auto’s Motion for Summary Judgment (Document No. 26) is DENIED as
moot.

4.

Intervenor-Defendant George Carpozi III, Inc.’s Motion for Summary Judgment
(Document No. 27) is DENIED as moot.

5.

State Auto’s Complaint is DISMISSED.

6.

The Clerk of Court is directed to close this case.
BY THE COURT:

Berle M. Schiller, J.

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