UTICA MUTUAL INSURANCE COMPANY v. CINCINATTI INSURANCE COMPANY

Filing 68

ORDER THAT PLAINTIFFS MOTION FOR LEAVE TO FILE A SUR-REPLY, ECF NO. 43 , IS GRANTED. PLAINTIFFS MOTION TO SUPPLEMENT THE RECORD IN OPPOSITION TO CINCINNATIS MOTION FOR SUMMARY JUDGMENT, ECF NO. 53 , IS GRANTED. DEFENDANTS MOTION TO SUPPLEMENT SUMMA RY JUDGMENT RECORD, ECF NO. 54 , IS GRANTED. DEFENDANTS MOTION FOR SUMMARY JUDGMENT, ECF NO. 29 , IS DENIED. PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, ECF NO. 45 , IS GRANTED IN PART WITH RESPECT TO LIABILITY ON COUNT I OF PLAINTIFFS COMPLAI NT AND DENIED IN PART WITH RESPECT TO DAMAGES ON COUNT I. WITHIN TWO DAYS OF THE DATE OF THIS ORDER, PLAINTIFF SHALL SHOW CAUSE WHY SUMMARY JUDGMENT SHOULD NOT BE ENTERED IN DEFENDANTS FAVOR WITH RESPECT TO COUNTS II AND III OF THE COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/15/19. 1/16/19 ENTERED AND COPIES E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
:
UTICA MUTUAL INSURANCE
:
COMPANY,
:
Plaintiff,
:
:
v.
:
:
:
CINCINNATI INSURANCE COMPANY, :
Defendant.
:
:

No. 18-cv-1646

ORDER
AND NOW, this 15th day of January, 2019, for the reasons expressed in the opinion
issued this date, IT IS ORDERED THAT:
1. Plaintiff’s Motion for Leave to File a Sur-Reply, ECF No. 43, is GRANTED.
2. Plaintiff’s Motion to Supplement the Record in Opposition to Cincinnati’s Motion for
Summary Judgment, ECF No. 53, is GRANTED.
3. Defendant’s Motion to Supplement Summary Judgment Record, ECF No. 54, is
GRANTED.
4. Defendant’s Motion for Summary Judgment, ECF No. 29, is DENIED.
5. Plaintiff’s Motion for Partial Summary Judgment, ECF No. 45, is GRANTED in part
with respect to liability on Count I of Plaintiff’s Complaint and DENIED in part with
respect to damages on Count I.
6. Within two days of the date of this order, Plaintiff shall show cause why summary
judgment should not be entered in Defendant’s favor with respect to Counts II and III of
the Complaint.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

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