Filed: May 12, 2015
Latest Update: May 12, 2015
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 12th day of May 2015, upon consideration of Defendant's Motion to Dismiss the Amended Complaint and Order for Rule to Show Cause (ECF Doc. No. 11), Plaintiff's Opposition (ECF Doc. No. 17), Defendant's Reply (ECF Doc. No. 18), and Plaintiff's Sur-Reply (ECF Doc. No. 21), and in accord with the accompanying Memorandum, it is ORDERED Defendant's Motion is GRANTED in part and DENIED in part: 1. Defendant's Motion to Dismiss Count I
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 12th day of May 2015, upon consideration of Defendant's Motion to Dismiss the Amended Complaint and Order for Rule to Show Cause (ECF Doc. No. 11), Plaintiff's Opposition (ECF Doc. No. 17), Defendant's Reply (ECF Doc. No. 18), and Plaintiff's Sur-Reply (ECF Doc. No. 21), and in accord with the accompanying Memorandum, it is ORDERED Defendant's Motion is GRANTED in part and DENIED in part: 1. Defendant's Motion to Dismiss Count I (..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 12th day of May 2015, upon consideration of Defendant's Motion to Dismiss the Amended Complaint and Order for Rule to Show Cause (ECF Doc. No. 11), Plaintiff's Opposition (ECF Doc. No. 17), Defendant's Reply (ECF Doc. No. 18), and Plaintiff's Sur-Reply (ECF Doc. No. 21), and in accord with the accompanying Memorandum, it is ORDERED Defendant's Motion is GRANTED in part and DENIED in part:
1. Defendant's Motion to Dismiss Count I (Breach of Contract) is DENIED, as Plaintiff has timely stated a claim for breach of contract;
2. Defendant's Motion to Dismiss Count II (Bad Faith) is GRANTED as to Plaintiff's claim as Trustee of the James A. Hilston Irrevocable Trust as barred by Pennsylvania's two year statute oflimitations as evident on the face of the Amended Complaint;
3. Defendant's Motion to Dismiss Count II (Bad Faith) is DENIED as to Plaintiff's individual claim as a beneficiary;
4. Defendant's request for an Order to Show Cause challenging the Plaintiff's standing is DENIED subject to discovery and renewal following the close of discovery; and,
5. Defendant shall answer the Complaint on or before May 26, 2015.
