Sapa Extrusions, Inc. v. Liberty Mutual Insurance Company et al

Filing 58

AMENDED ORDER (memorandum filed previously as separate docket entry)(1)The Insurance Company of the State of Pennsylvanias motion, (Doc. 19), is DENIED;(2)National Unions motion is GRANTED IN PART insofar as the plaintiff has failed to plead suffici ent damages to trigger the umbrella policies. In all other respects, National Unions motion is DENIED. Counts 3, 4, 5, 6, and 30 are DISMISSED WITHOUT PREJUDICE;(3)Gerlings motion, (Doc. 42), is GRANTED. Counts 7, 8, 25, and 26 are DISMISSED WITHOUT PREJUDICE;(4)The plaintiff is granted leave to amend its complaint by August 15, 2014.Signed by Honorable Malachy E Mannion on 8/7/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SAPA EXTRUSIONS, INC. f/k/a
Alcoa Extrusions, Inc.

:
:

Plaintiff

CIVIL ACTION NO. 3:13-2827
:

v
:
LIBERTY MUTUAL INSURANCE
COMPANY, et al.
Defendants

(JUDGE MANNION)

:
:

AMENDED ORDER
For the reasons discussed in the court’s memorandum issued this same day,
IT IS HEREBY ORDERED THAT:
(1)

The Insurance Company of the State of Pennsylvania’s motion, (Doc.
19), is DENIED;

(2)

National Union’s motion is GRANTED IN PART insofar as the plaintiff
has failed to plead sufficient damages to trigger the umbrella policies.
In all other respects, National Union’s motion is DENIED. Counts 3, 4,
5, 6, and 30 are DISMISSED WITHOUT PREJUDICE;

(3)

Gerling’s motion, (Doc. 42), is GRANTED. Counts 7, 8, 25, and 26 are
DISMISSED WITHOUT PREJUDICE;

(4)

The plaintiff is granted leave to amend its complaint by August 15,
2014.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATED: August 7, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2827-01-ORDER-revised.wpd