State Farm Fire and Casualty Company v. Jefferson et al

Filing 17

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that: 1) Defendant United Water Company's Motion to Dismiss is DENIED; 2) The Defendant United Water Company's Motion to Bifurcate and Stay is GRANTED as follows; a)This matter is TRANSFERRED to t he PA Public Utility Commission, consistent with my accompanying memorandum; b) The Clerk shall mark this matter CLOSED for statistical purposes and place it in the civil suspense file pending receipt of the PA Public Utility Commission's findi ng and conclusions; c) Counsel are directed to submit a brief status report every 90 days and upon completion of their proceedings before the PA Public Utility Commission. Signed by Honorable Lawrence F. Stengel on 7/17/13. (Attachments: # 1 Order)(aaa)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STATE FARM FIRE AND CASUALTY
COMPANY a/s/o Brittany Lehman and
Nathan Becker, Charles K. Powell, Jr., and
Anthony Cuthbertson,
Plaintiff,
v.
TINA JEFFERSON, ANDRE
DRAYTON, SYMONE SCOTT,
AND UNITED WATER COMPANY,
Defendants.

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CIVIL ACTION

NO. 12-1107

ORDER
AND NOW, this 17th day of July 2013, upon consideration of Defendant
United Water Company’s Motion to Dismiss or to Bifurcate and Stay (Doc. Nos. 5 & 6),
Plaintiff State Farm Fire and Casualty Company’s Response thereto (Doc. No. 9 & 10),
and Defendant United Water Company’s Reply (Doc. No. 11), IT IS HEREBY
ORDERED that:
1. Defendant United Water Company’s Motion to Dismiss is DENIED;
2. Defendant United Water Company’s Motion to Bifurcate and Stay is
GRANTED as follows;
a. This matter is TRANSFERRED to the Pennsylvania Public Utility
Commission, consistent with my accompanying memorandum;
b. The Clerk shall mark this matter CLOSED for statistical purposes and
place it in the civil suspense file pending receipt of the Pennsylvania
Public Utility Commission’s findings and conclusions;

c. Counsel are directed to submit a brief status report every 90 days and
upon completion of their proceedings before the Pennsylvania Public
Utility Commission.1

BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

1

The Pennsylvania Public Utility Commission is advised that I am contemporaneously transferring the
separate but factually identical matter of Insurance Company of Greater New York v. Jefferson et al., No. 11-545
(M.D. Pa. filed Mar. 23, 2011).