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16-2985 - Med-Plus, Inc. v. American Casualty Co. of Reading, PA


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16-2985 - Med-Plus, Inc. v. American Casualty Co. of Reading, PA
August 4, 2017
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MEMORANDUM & ORDER re Defendant's 19 Motion to Dismiss; and, Plaintiff's 20 Cross Motion for Partial Summary Judgment. Defendant's motion (Dkt. 19) is construed in part as a motion to dismiss and in part as a motion for summary judgment; the motion is DENIED in its entirety. The court GRANTS Plaintiff's cross-motion for partial summary judgment (Dkt. 20) and issues a declaratory judgment that Plaintiff is entitled to independent counsel in Abbott Labs. V. Adelphia Supply USA, No. 15-CV-5826 (CBA) (LB) insofar as that action involves claims for punitive damages. Within 30 days of entry of this Order, the parties are DIRECTED to jointly submit a status report that enumerates all outstanding issues in this action. The parties shall consider whether Plaintiff has any ripe claims that have been neither resolved nor mooted. So Ordered by Judge Nicholas G. Garaufis on 8/3/2017. (Lee, Tiffeny)