Emerald Town Car of Pearl River, LLC v. Philadelphia Indemnity Insurance Company et al
| Emerald Town Car of Pearl River, LLC |
| Philadelphia Indemnity Insurance Company and Capacity Coverage of NJ, Inc. |
| 7:2016cv01099 |
| February 12, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
41
OPINION AND ORDER re: 28 MOTION to Dismiss COUNT III OF COMPLAINT. filed by Philadelphia Indemnity Insurance Company, 18 MOTION to Dismiss for failure to state a claim upon which relief can be granted. filed by Capacity Coverage Company of NJ, Inc. For the foregoing reasons, Defendant Philadelphia's motion to dismiss is DENIED and Defendant Capacity's motion to dismiss is GRANTED: all of Plaintiff's claims against Capacity are dismissed without pre judice, but its claims against Philadelphia survive as indicated. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 18 & 28. Plaintiff shall file any amended complaint in conformance with the above on or before Ma y 3, 2017. Defendants shall answer or seek a pre-motion conference on any potential nonfrivolous and non-repetitive motions to dismiss by June 5, 2017. The parties are directed to appear in person at an initial pre-trial conference on June 16, 2017 at 10:30 a.m. ( Amended Pleadings due by 5/3/2017., Responses due by 6/5/2017, Initial Pretrial Conference set for 6/16/2017 at 10:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 4/12/2017) (rj)
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