Swientisky v. American States Insurance Company
| Matthew Swientisky |
| American States Insurance Company |
| 3:2018cv01159 |
| June 6, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| A. Richard Caputo |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
9
ORDER (memorandum filed previously as separate docket entry). (A) The Motion of Defendant to Dismiss and/or Strike Portions of Plaintiffs Complaint Pursuant to F.R.C.P. 12(b)(6) and Rule 12(f), or in the Alternative, for a More Definite Statement Pur suant to F.R.C.P. 12(e) 3 is GRANTED in part and DENIED in part as follows: (1) The allegations in Paragraphs 19, 29, and 37(i) stating that Defendant owed a fiduciary duty to Plaintiff are STRICKEN from the Complaint as unopposed. (2) The requests for attorneys fees in the ad damnum clauses are STRICKEN from the Complaint as unopposed. (3) The claim for statutory violations in Count II of the Complaint is DISMISSED. (4) The Motion is DENIED in all other respects. (B) Defendant SHALL file its Answer to the Complaint within twenty-one (21)days from the date of entry of this Order.Signed by Honorable A. Richard Caputo on 8/8/18. (dw)
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| Plaintiff: Matthew Swientisky | |
| Represented By: | Michael J. McDonald |
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| Defendant: American States Insurance Company | |
| Represented By: | Robert E. Smith |
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