SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA v. HERSHEY EQUIPMENT COMPANY

Filing 18

OPINION/ORDER THAT 1. THIS MATTER IS STAYED UNTIL AUGUST 10, 2015 OR UNTIL FURTHER ORDER OF THE COURT; 2. THE MOTION TO DISMISS (DOC. NO. 7) IS DENIED WITHOUT PREJUDICE; AND 3. THE CLERK OF COURT IS DIRECTED TO PLACE THIS MATTER INTO CIVIL SUSPENSE UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/10/15. 2/10/15 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SELECTIVE INSURANCE
COMPANY OF SOUTH CAROLINA,
Plaintiff,
v.
HERSHEY EQUIPMENT COMPANY,
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 14-1118

ORDER
AND NOW, this 10th day of February, 2015, after considering the motion to dismiss filed
by the defendant (Doc. No. 7), and the response in opposition to the motion filed by the plaintiff
(Doc. No. 8); and the court having issued an order to show cause on June 27, 2014, in which the
court sua sponte raised the issue of declining jurisdiction over this matter under the Declaratory
Judgment Act, 28 U.S.C. §§ 2201-2202, and invited the parties to brief this issue (Doc. No. 10);
and the court having considered the parties’ responses to the order to show cause (Doc. Nos. 1213, 15); and the court having heard argument on this jurisdictional issue on August 12, 2014;
accordingly, for the reasons set forth in the accompanying memorandum opinion and in the
sound and reasoned exercise of the court’s discretion, it is hereby ORDERED as follows:
1.

This matter is STAYED until August 10, 2015, or until further order of court;

2.

The motion to dismiss (Doc. No. 7) is DENIED WITHOUT PREJUDICE; and

3.

The clerk of court is DIRECTED to place this matter into CIVIL SUSPENSE

until further order of court.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.