Cunningham et al v. M&T Bank Corp. et al

Filing 133

ORDER (memorandum filed previously as separate docket entry) re: Memo 132 - It is hereby ORDERED that: 1. M&T's motion 66 GRANTED to extent it seeks dismissal of Ct III as to pltfs J. Cunningham, F. Deimler, C. Vanover, A. Moore & D. Moore, Jr. & DENIED in all other respects.; 2. Primary insurers' motion 69 GRANTED to extent it seeks dismissal of Ct III as to pltfs J. Cunninham, F. Deimler, C. Vanover, A. Moore & D. Moore, Jr & DENIED in all other respects.; 3. Ct III of pltfs� 39; 1st amended complaint 56 DISMISSED as to pltfs as above (see Paras 1 & 2).; 4. Parties shall conduct discovery limited to statue of limits & equitable tolling issues & to complete by 1/3/14 & setting MSJ schedule following same. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/30/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JUDITH CUNNINGHAM, et al.,
Plaintiffs,
v.
M&T BANK CORP., et al.,
Defendants.

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CIVIL ACTION NO. 1:12-cv-1238
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of October, 2013, upon consideration of the motions
to dismiss by M&T Bank Corp., M&T Bank, and M&T Mortgage Reinsurance Co.
(collectively, “M&T”) (Doc. 66) and Genworth Mortgage Insurance Corp., Mortgage
Guaranty Insurance Corp., and Radian Guaranty, Inc., (collectively, the “primary
insurers”) (Doc. 69) seeking dismissal of the plaintiffs’ amended complaint (Doc. 56)
pursuant to Federal Rule of Civil Procedure 12(b)(6), and for all of the reasons set
forth in the accompanying memorandum, it is hereby ORDERED that:
1.

M&T’s motion (Doc. 66) is GRANTED to the extent that it seeks
dismissal of Count III as to plaintiffs Judith Cunningham, Frederick
Deimler, Carol Vanover, Angela Moore, and Dennis Moore, Jr. The
motion (Doc. 66) is DENIED in all other respects.

2.

The primary insurers’ motion (Doc. 69) is GRANTED to the extent
that it seeks dismissal of Count III as to plaintiffs Judith Cunningham,
Frederick Deimler, Carol Vanover, Angela Moore, and Dennis Moore,
Jr. The motion (Doc. 66) is DENIED in all other respects.

3.

Count III of the plaintiffs’ first amended complaint (Doc. 56) is
DISMISSED as to plaintiffs Judith Cunningham, Frederick Deimler,
Carol Vanover, Angela Moore, and Dennis Moore, Jr.

4.

The parties shall conduct discovery limited to the statute of limitations
and equitable tolling issues. This limited discovery shall be completed
no later than January 3, 2014. Defendants may then file motions for
summary judgment, with supporting briefs not to exceed twenty-five
(25) pages, on or before January 24, 2013. If defendants file motions,
plaintiffs shall file a consolidated responsive brief, not to exceed fifty
(50) pages, on or before February 14, 2013 No reply briefs shall be filed
without leave of court.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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