FLEETWAY CAPITAL CORPORATION et al v. WINDSOR-MT. JOY MUTUAL INSURANCE COMPANY

Filing 20

OPINION/ORDER THAT THAT THE MOTION TO DISMISS OF DEFENDANT, WINDSOR-MT. JOY MUTUAL INSURANCE COMPANY IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S COMPLAINT REMOVED BY DEFENDANT ON NOVEMBER 7, 2011 IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/27/12. 9/27/12 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMERICAN COLLISION &
AUTOMOTIVE CENTER, INC.,
RONALD B. GALATI and
TIFFANY N. GALATI,
Plaintiffs
vs.
WINDSOR-MT. JOY MUTUAL
INSURANCE COMPANY,
Defendant

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Civil Action
No. 11-cv-06947

O R D E R
NOW, this 27th day of September, 2012, upon
consideration of the following documents:
(1)

Motion to Dismiss of Defendant, WindsorMt.Joy Mutual Insurance Company filed
November 14, 2011, together with
(A)
(B)

(2)

Exhibits “A” through “D” to defendant’s
motion to dismiss; and
Brief in Support of the Motion to
Dismiss of Defendant, Windsor-Mt.Joy
Mutual Insurance Company;

Plaintiffs’ Brief in Opposition to
Defendant’s Motion to Dismiss, which brief
was filed November 28, 2011, together with
(A)

1

Attached Exhibits to plaintiff’s brief1;

Plaintiffs’ Exhibits are not titled or numbered. The documents
attached are (1) Marine Purchase Agreement; (2) Defendant’s Answer with New
Matter to Plaintiff’s Complaint, which answer responded to a Complaint filed
by non-party Ronald L. Galati against defendant on October 22, 2007 in case
number 002774, October Term 2007 in the Court of Common Pleas of Philadelphia
County, Pennsylvania (“Philadelphia County Action”); and (3) the Complaint
filed in the Philadelphia County Action.

(3)

Reply of Defendant Windsor-Mt.Joy Mutual
Insurance Company to Plaintiffs’ Response to
Defendant’s Motion to Dismiss, which reply
was filed on December 7, 2011; and

(4)

Notice of Removal filed November 7, 2011;

and for the reasons set forth in the accompanying Opinion,
IT IS ORDERED that the Motion to Dismiss of Defendant,
Windsor-Mt.Joy Mutual Insurance Company is granted.
IT IS FURTHER ORDERED that plaintiffs’ Complaint
removed by defendant on November 7, 2011 is dismissed with
prejudice.
IT IS FURTHER ORDERED that the Clerk of Court mark this
case closed for statistical purposes.

BY THE COURT:

/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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