Dolan et al v. PHL Variable Insurance Company et al

Filing 88

ORDER (memorandum filed previously as separate docket entry). (1) Defendants' Motions to Dismiss 64 65 66 67 are GRANTED. (a) Count I of Plaintiffs Amended Complaint is DISMISSED without prejudice.(b) Count II of Plaintiffs Amended Co mplaint is DISMISSED withoutprejudice.(c) Count III of Plaintiffs Amended Complaint is DISMISSED withprejudice.(2) Plaintiffs have twenty-one (21) days from the date of entry of this Order to file a second amended complaint to properly plead the claims dismissed without prejudice herein, if they are able to do so; otherwise, these claims will be dismissed with prejudice. Signed by Honorable A. Richard Caputo on 10/25/17. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIMOTHY DOLAN et. al.,
CIVIL ACTION NO. 3:15-CV-01987

Plaintiffs,
v.

(JUDGE CAPUTO)

PHL VARIABLE INSURANCE
COMPANY, et. al.,
Defendants.
ORDER
NOW, this 25th day of October, 2017, upon review of Defendants’ Motions to Dismiss
(Docs. 64-67) IT IS HEREBY ORDERED that:
(1)

Defendants’ Motions to Dismiss are GRANTED.
(a)

Count I of Plaintiffs’ Amended Complaint is DISMISSED without
prejudice.

(b)

Count II of Plaintiffs’ Amended Complaint is DISMISSED without
prejudice.

(c)

Count III of Plaintiffs’ Amended Complaint is DISMISSED with
prejudice.

(2)

Plaintiffs have twenty-one (21) days from the date of entry of this Order to file
a second amended complaint to properly plead the claims dismissed without
prejudice herein, if they are able to do so; otherwise, these claims will be
dismissed with prejudice.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge