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15-998 - DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY v. AIM LEASING COMPANY et al


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15-998 - DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY v. AIM LEASING COMPANY et al
July 31, 2015
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OPINION and ORDER TRANSFERRING this action to the United States District Court for the Western District of Pennsylvania. Signed by Judge William S. Duffey, Jr on 7/31/2015. (adg)
June 7, 2016
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MEMORANDUM and ORDER. For the reasons stated in the Memorandum Order filed herewith, the Court hereby ORDERS that Defendant Genuine Parts Company's Motions to Dismiss (Docs. 40 and 52) are DENIED without prejudice. IT IS FURTHER ORDERED that if it so desires, Defendant Genuine Parts may file a subsequent motion to dismiss, including briefing on the Pennsylvania state law standard regarding claim preclusion and any alternative arguments not yet addressed by the Court, no later than June 21, 2016. Any response to said motion(s) may be filed no later than July 5, 2016. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 6/7/16. (rld) Modified on 6/8/2016 to add additional docket text. (ksa)
August 5, 2016
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MEMORANDUM and ORDER. For the reasons stated in the Memorandum Order filed herewith, Genuine Parts's Motion to Dismiss Discover Property's Cross-Claim (Doc. 57) is GRANTED; Genuine Parts's Amended Motion to Dismiss Discover's A8/2016 to add additional docket text. (ksa)mended Complaint (Doc. 69) is GRANTED IN PART and DENIED IN PART; and Genuine Parts's Amended Motion to Dismiss AIM's Cross-Claim (Doc. 72) is GRANTED. Consistent with the foregoing, the following claims are hereby DISMISSED WITH PREJUDICE: Count I of the Amended Complaint as asserted against AIM; and AIM's cross-claim against Genuine Parts for breach of contract (Doc. 43). The following claim is hereby DISMISSED WITHOUT PREJUDICE: Discover Property's cross-claim against Genuine Parts for indemnity (Doc. 56). Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, Plaintiff may file an amended pleading of its cross-claim as a matter of course on or before August 15, 2016, consistent with the principles discussed in the Memorandum and the mandates of Rule 11. Failure to file an amended complaint by this date will result in this claim being dismissed with prejudice. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 8/5/16. (rld) Modified on 8/