Filing 33

ORDER granting in part and denying in part defendants' 7 Motion to Dismiss and adopting 30 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Motion is denied with respect to plaintiff's claim for legal malpractice in Count I and granted as to plaintiff's claim for breach of contract in Count II. Signed by Judge David S. Cercone on 10/14/16. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ADMIRAL INSURANCE GROUP doing business as ADMIRAL INSURANCE COMPANY, Plaintiff, V. STANLEY A. WINIKOFF, ESQUIRE and DELL, MOSER, LANE & LOUGHNEY, LLC, Defendants. AND NOW, this J /J ) ) ) ) ) ) ) ) ) ) ) ) 2:16cv391 Electronic Filing Judge David Stewart Cercone Chief Magistrate Judge Maureen P. Kelly Re: ECFNo. 7 ORDER /tf ~of October, 2016, after Plaintiff Admiral Insurance Group dlb/a Admiral Insurance Company, filed an action in the above-captioned case, and after a Motion to Dismiss was filed by Defendants, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge giving the parties until October 7, 2016, to file written objections thereto, and upon consideration of the Objections filed by both Plaintiff and Defendants, and upon independent review of the record, and upon consideration of the Chief Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss, ECF No. 7, is granted in part and denied in part: the Motion is denied with respect to Plaintiffs claim for legal malpractice brought at Count I of the Complaint and granted as to Plaintiff's claim for breach of contract brought at Count II. David Stewart Cercone United States District Judge cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge Cathie J. Fagan, Esquire Richard S. Canciello, Esquire Donald H. Smith, Esquire (Via CMIECF Electronic Mail) 2

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