Atlantic Casualty Insurance Company v. Zymblosky et al

Filing 51

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE. 1.The defendants Motion to Dismiss, (Doc. 30), is GRANTED, without prejudice, to re-filing in the Court of Common Pleas of Lackawanna County, should they so desire.2 .The plaintiffs Motion to Dismiss the defendants counterclaim, (Doc. 33), is DISMISSED AS MOOT, also without prejudice, to re-filing in the Court of Common Pleas of Lackawanna County, should they so desire.Signed by Honorable Malachy E Mannion on 2/6/15. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA ATLANTIC CASUALTY INSURANCE COMPANY : : Plaintiff CIVIL ACTION NO. 3:14-1021 : v : (JUDGE MANNION) EDWARD ZYMBLOSKY t/a BOOTS AND HANKS TOWING AND : WRECKING a/k/a Boot’s and Hank’s Towing and Wrecking : Service, et al. : Defendants ORDER In light of the memorandum issued today in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The defendants’ Motion to Dismiss, (Doc. 30), is GRANTED, without prejudice, to re-filing in the Court of Common Pleas of Lackawanna County, should they so desire. 2. The plaintiff’s Motion to Dismiss the defendants’ counterclaim, (Doc. 33), is DISMISSED AS MOOT, also without prejudice, to re-filing in the Court of Common Pleas of Lackawanna County, should they so desire. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Dated: February 6, 2015 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-1021-03-order.wpd

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