LIMANDRI v. ALLSTATE INSURANCE COMPANY

Filing 33

ORDER THAT ALLSTATES MOTION FOR SUMMARY JUDGMENT (DOC. NO. 15 ) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. ALLSTATES MOTION, TO THE EXTENT IT SEEKS SUMMARY JUDGMENT ON LIMANDRIS CAUSE OF ACTION FOR A DECLARATORY JUDGMENT IN COUNT I OF THE COMPLAINT, IS GRANTED AND PARTIAL JUDGMENT IS ENTERED IN FAVOR OF ALLSTATE AND AGAINST LIMANDRI FOR COUNT I OF THE COMPLAINT; AND B. TO THE EXTENT ALLSTATE SOUGHT SUMMARY JUDGMENT ON COUNTS II AND III OF THE COMPLAINT, THE MOTION IS DENIED WITHOUT PR EJUDICE; LIMANDRIS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. 16 ) IS DENIED; AND THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON THURSDAY, APRIL 4, 2019, AT 9:30 A.M. COUNSEL FOR THE PLAINTIFF WILL INITIATE THE CALL BY CONTACTING THE UNDERSIGNEDS CIVIL DEPUTY CLERK AT [phone] ONCE ALL COUNSEL ARE PRESENT ON THE CALL. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/29/19. 3/29/19 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PIETRA LIMANDRI,
Plaintiff,
v.
ALLSTATE INSURANCE COMPANY,
Defendant.

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CIVIL ACTION NO. 16-2960

ORDER
AND NOW, this 29th day of March, 2019, after considering (1) the motion for summary
judgment filed by the defendant, Allstate Insurance Company (“Allstate”) (Doc. No. 15), (2) the
motion for partial summary judgment filed by the plaintiff, Pietra Limandri (“Limandri”) (Doc.
No. 16), (3) Allstate’s separately filed statement of undisputed material facts (Doc. No. 18), (4)
Limandri’s response in opposition to Allstate’s motion for summary judgment (Doc. No. 19), (5)
Allstate’s response in opposition to Limandri’s motion for partial summary judgment (Doc. No.
20), and (6) Limandri’s response to Allstate’s statement of undisputed material facts (Doc. No.
22); and after hearing oral argument by counsel for the parties; and for the reasons set forth in the
separately filed memorandum opinion, it is hereby ORDERED as follows:
1.

Allstate’s motion for summary judgment (Doc. No. 15) is GRANTED IN PART

and DENIED IN PART as follows:
a.

Allstate’s motion, to the extent it seeks summary judgment on Limandri’s

cause of action for a declaratory judgment in count I of the complaint, is GRANTED and
partial judgment is entered in favor of Allstate and against Limandri for count I of the
complaint; and

b.

To the extent Allstate sought summary judgment on counts II and III of

the complaint, the motion is DENIED WITHOUT PREJUDICE;
2.

Limandri’s motion for partial summary judgment (Doc. No. 16) is DENIED; and

3.

The court will hold a telephone status conference on Thursday, April 4, 2019, at

9:30 a.m. Counsel for the plaintiff will initiate the call by contacting the undersigned’s civil
deputy clerk at [phone] once all counsel are present on the call.

BY THE COURT:

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

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