KUSHNIR et al v. AVIVA LIFE & ANNUITY COMPANY
| VLADIMIR KUSHNIR and V-4 MANAGEMENT, LLC |
| AVIVA LIFE & ANNUITY COMPANY |
| 2:2011cv07701 |
| December 16, 2011 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Montgomery |
| JAN E. DUBOIS |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
51
MEMORANDUM AND ORDER THAT DEFENDANT AVIVA LIFE AND ANNUITY COMPANYS PARTIAL MOTION TO DISMISS (DOC. 46) IS GRANTED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH THE PARTICULARITY REQUIREMENT OF FRCP 9(b) AS OUTLINED HEREIN. DEFENDANTS MOTION IS GRNATE D AS COUNT III OF THE AMENDED COMPLAINT AND COUNT III OF THE AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THIS DISMISSAL DOES NO AFFECT PLAINTIFFS REQUEST FOR RELIEF IN THE FORM OF EQUITABLE RESCISSION IN COUNTS I AND II. DEFENDANTS MOTION IS DENIED IN ALL OTHER RESPECTS. FURHTER ORDERED THAT A SCHEDULE CONFERENCE WILL BE CONDUCTED IN DUE COURSE.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/21/13. 8/22/13 ENTERED AND COPIES MAILED TO UNREPS, EMAILED.(rf, )
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