A.G. CULLEN CONSTRUCTION, INC. et al v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA et al
| A.G. CULLEN CONSTRUCTION, INC., ARLENE CULLEN and PAUL CULLEN |
| TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, SHAWN A. PIKAS, DAVID C. DREIFUSS, JOANN BONACCI and DREIFUSS BONACCI AND PARKER |
| 2:2008cv01238 |
| September 5, 2008 |
| US District Court for the Western District of Pennsylvania |
| Other Statutory Actions Office |
| Allegheny |
| Nora Barry Fischer |
| Plaintiff |
| Federal Question |
| 28:1441 Notice of Removal |
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Filing
165
MEMORANDUM ORDER indicating that, for the reasons more fully stated within, the Court finds that Magistrate Judge Mitchell's Order (dated 4/13/10) is not clearly erroneous or contrary to law. Fed. R. Civ. P. 72(a). Accordingly, Defendants' Objections 157 to Magistrate Judge Mitchell's Text Order dated April 13, 2010 are overruled. Said Order is hereby affirmed, and adopted. Signed by Judge Nora Barry Fischer on 5/17/10. (jg)
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Filing
88
MEMORANDUM ORDER indicating that, for reasons more fully stated in said Order, Plaintiffs Motion to Dismiss Travelers counterclaims 69 is denied, without prejudice to the prosecution of those claims in the action at Civil Number 07-765. It is furt her ordered that Travelers counterclaims in this matter, if they must be tried, shall be tried separately and after the trial on Plaintiffs abuse of process and malicious use of civil proceedings claims, pursuant to Federal Rules of Civil Procedure 13(i) and 42(b). Signed by Judge Nora Barry Fischer on 10/30/09. (jg)
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Filing
51
MEMORANDUM OPINION denying Defendant Travelers' request that the Court enter case management orders in the cases at 07-765 and 08-1238 providing for the initial resolution of the contractual indemnity claims in both cases and subsequent disposition of the remaining claims. Details set forth more fully in said Opinion. Signed by Judge Nora Barry Fischer on 7/24/09. (ccb)
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Filing
23
MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Defendants' Motion to Dismiss 4 Plaintiffs' Amended Complaint 1 is GRANTED, in part, and DENIED, in part. It is denied without prejudice as to Plain tiffs' claims for malicious use of civil proceedings. It is granted as to any alleged abuse of process claim. To the extent Plaintiffs seek to bring an abuse of process claim, they shall amend their Amended Complaint on or before March 4, 2009. An appropriate order follows. Signed by Judge Nora Barry Fischer on 2/13/09. (ccb)
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