Wartella v. The Guardian Life Insurance Company of America

Justia Dockets & Filings Third Circuit Pennsylvania Middle District Wartella v. The Guardian Life Insurance Company of America

Wartella v. The Guardian Life Insurance Company of America

Plaintiff:	John M Wartella
Defendant:	The Guardian Life Insurance Company of America
Case Number:	3:2015cv00614
Filed:	March 27, 2015
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Luzerne
Presiding Judge:	Robert D. Mariani
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
October 6, 2017	Filing 42 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Robert D. Mariani on 10/6/17. (ep)
April 7, 2017	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)

Date Filed

Document Text

October 6, 2017

Filing 42 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Robert D. Mariani on 10/6/17. (ep)

April 7, 2017

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)

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Plaintiff: John M Wartella
Represented By:	John G. Dean
Represented By:	David Zachary Lantz
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Defendant: The Guardian Life Insurance Company of America
Represented By:	Steven Maniloff
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