Wartella v. The Guardian Life Insurance Company of America

Filing 27

ORDER 1. The R&R (Doc. 16) is ADOPTED only to the extent that the Magistrate Judge recommends dismissing Counts I, II, and III of the Complaint. To the further extent that the R&R recommends that Counts I, II, and III be dismissed as time-barred, and therefore with prejudice, it is not adopted. Therefore Counts I, II, and III are dismissed without prejudice and for the reasons set forth in the memorandum opinion accompanying this Order. 2.Plaintiffs Objections (Doc. 17) are SUSTAINED only to the extent that they are consistent with this Court's accompanying memorandum opinion. 3.Guardian's Motion to Dismiss Counts I, II, and III of the Complaint (Doc. 4) isGRANTED.4. Within 14 days of the date of this Order, Plaintiff shall file an amended complaint which shall specifically address the statute of limitations issues raised in the accompanying memorandum opinion. Signed by Honorable Robert D. Mariani on 4/7/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHN M. WARTELLA,

Plaintiff

v.

3:1S-CV-0614
(JUDGE MARIANI)

THE GUARDIAN LIFE INSURANCE
COMPANY OF AMERICA
Defendant

ORDER

AND NOW, THIS

~AY OF APRIL, 2017, upon de novo review of

Magistrate Judge Carlson's Report & Recommendation ("R&R") (Doc. 16), Plaintiffs
Objections thereto (Doc. 17), and all other relevant documents, IT IS HEREBY ORDERED
THAT:
1. The R&R (Doc. 16) is ADOPTED only to the extent that the Magistrate Judge
recommends dismissing Counts I, II, and III of the Complaint. To the further extent
that the R&R recommends that Counts I, II, and III be dismissed as time-barred,
and therefore with prejudice, it is not adopted. Therefore Counts I, II, and III are
dismissed without prejudice and for the reasons set forth in the memorandum
opinion accompanying this Order.
2. Plaintiffs Objections (Doc. 17) are SUSTAINED only to the extent that they are
consistent with this Court's accompanying memorandum opinion.

3. Guardian's Motion to Dismiss Counts I, II, and III of the Complaint (Doc. 4) is
GRANTED.

4. Within 14 days of the date of this Order, Plaintiff shall file an amended complaint
which shall specifically address the statute of limitations issues raised in the
accompanying memorandum opinion.

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