Opinion
4:24-CV-00280
05-14-2024
CATAWISSA TOWNSHIP, Plaintiff, v. MIDLAND ASPHALT MATERIALS INC. and LIBERTY MUTUAL INSURANCE COMPANY, Defendants.
ORDER
Matthew W. Brann Chief United States District Judge
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendant Midland Asphalt Materials Inc.'s Motion to Dismiss (Doc. 5) is GRANTED IN PART and DENIED IN PART;
a. Count IV of the Complaint is DISMISSED WITHOUT PREJUDICE;
b. Defendant Midland Asphalt Materials Inc.'s Motion to Dismiss (Doc. 5) is DENIED in all other respects;
2. Defendant Liberty Mutual Insurance Company's Motion to Dismiss (Doc. 6) is GRANTED. Plaintiff's request for punitive damages is DISMISSED WITH PREJUDICE from Count V of the Complaint; and
3. Plaintiff may file an Amended Complaint in accordance with the Memorandum Opinion no later than May 28, 2024.