DEAL v. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY
| ELANEA M. DEAL |
| NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY |
| 2:2022cv01269 |
| September 2, 2022 |
| US District Court for the Western District of Pennsylvania |
| Marilyn J Horan |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal-Insurance Contract |
| Both |
Docket Report
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Filing 9
ORDER Upon consideration of Ms. Deal's Complaint (ECF No. 1-2), Nationwide's Motion to Dismiss and Motion to Strike (ECF NO. 4), the respective responses and briefs of the parties (ECF Nos. 5, 6, and 7), and for the reasons stated in this Court's Opinion (ECF No. 8), it is hereby ordered as follows: Nationwide's Motion to Dismiss, as regards Count II, is denied. Nationwide's Motion to Dismiss, as regards Counts III, IV, and V, is granted. Counts III, IV, and V are dismissed, and any amendment of those counts is deemed futile. Nationwide's Motion to Strike, as regards fiduciary duties, is granted. All reference to fiduciary duty is stricken.Nationwide shall answer the remaining counts and allegations of Ms. Deal's Complaint on or before November 14, 2022.Signed by Judge Marilyn J. Horan on 10/31/2022. (bjl)
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Filing 8
MEMORANDUM OPINION Nationwide's Motion to Dismiss will granted in part and denied in part. Nationwide's Motion to Dismiss, as regards Count II, will be denied. Nationwide's Motion to Dismiss, as regards Counts III, IV, and V, will be granted. Counts III, IV, and V will be dismissed, and any amendment of those counts is deemed futile. Nationwide's Motion to Strike, as regards fiduciary duties, is granted. All reference to fiduciary duty will be stricken. A separate order will follow consistent with this opinion and directing a timeline to answer the Complaint. Signed by Judge Marilyn J. Horan on 10/31/2022. (bjl)
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Filing 7
BRIEF in Opposition re #4 Motion to Dismiss for Failure to State a Claim filed by ELANEA M. DEAL. (Attachments: #1 Exhibit) (Murray, Patrick)
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Filing 6
RESPONSE IN OPPOSITION to #4 Motion to Dismiss for Failure to State a Claim, filed by ELANEA M. DEAL. (Murray, Patrick)
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Filing 5
BRIEF in Support re #4 Motion to Dismiss for Failure to State a Claim filed by NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY. (Rende, Bruce)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Certificate of Meet and Confer, #2 Proposed Order) (Rende, Bruce)
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Filing 3
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available #Here. Signed by Judge Marilyn J. Horan on 9/6/2022. Text-only entry; no PDF doc ument will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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Filing 2
Disclosure Statement identifying None as corporate parent or other affiliate, by NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY. (kss)
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Filing 1
NOTICE OF REMOVAL from Allegheny County, case number GD-22-009384 Copies attached: Complaint, Praecipe for Appearance, Notice of Service of Process (Filing fee, including Administrative fee, $402, receipt number APAWDC-7275123), filed by NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Praecipe for Appearance, #4 Exhibit C - Notice of Service of Process) (kss)
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| Plaintiff: ELANEA M. DEAL | |
| Represented By: | Patrick Murray |
| Represented By: | Jonathan M. Stewart |
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| Defendant: NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY | |
| Represented By: | Bruce E. Rende |
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