ARSDEL v. LIBERTY MUTUAL INSURANCE COMPANY
ORDER THAT THE MOTION TO DISMISS (DOC. NO. 5) IS DENIED WITHOUT PREJUDICE TO BEING REASSERTED IN A MOTION FOR SUMMARY JUDGMENT, ETC. AT THE CONCLUSION OF THE AFOREMENTIONED DISCOVERY PERIOD, THE PARTIES MAY FILE MOTIONS FOR SUMMARY JUDGMENT ADDRESSI NG THE APPLICABILITY OF THE SAFE HARBOR PROVISION. THE PARTIES SHALL FILE ANY SUCH MOTIONS NO LATER THAN NOVEMBER 14, 2014; AND EACH PARTY MAY FILE A BRIEF IN OPPOSITION TO A MOTION FOR SUMMARY JUDGMENT NO LATER THAN NOVEMBER 28, 2014. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/5/14. 9/5/14 ENTERED AND COPIES E-MAILED.(er, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CRAIG VAN ARSDEL
LIBERTY MUTUAL INSURANCE
CIVIL ACTION NO. 14-2579
AND NOW, this 5th day of September, 2014, after considering the motion of the
defendant, Liberty Mutual Insurance Company, to dismiss counts I & II of the amended
complaint (Doc. No. 5), and the reply to the motion to dismiss filed by the plaintiff, Craig Van
Arsdel (Doc. No. 6); and after reviewing the amended complaint and the exhibit attached thereto
(Doc. No. 3), it is hereby ORDERED as follows:
The motion to dismiss (Doc. No. 5) is DENIED without prejudice to being
reasserted in a motion for summary judgment;
The defendant shall have a period of fourteen (14) days to file an answer to the
The parties shall have a period of sixty (60) days from the date of this order to
conduct discovery whether ERISA preempts the state law claims asserted by the plaintiff in this
case or whether the Safe Harbor provision, 29 C.F.R. § 2510.3–1(j), applies to the policy at
At the conclusion of the aforementioned discovery period, the parties may file
motions for summary judgment addressing the applicability of the Safe Harbor provision. The
parties shall file any such motions no later than November 14, 2014; and
Each party may file a brief in opposition to a motion for summary judgment no
later than November 28, 2014.
BY THE COURT:
/s/ Edward G. Smith
EDWARD G. SMITH, J.
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