The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TRANSOURCE PENNSYLVANIA, : Civil No. 1:21-CV-01101
LLC, :
:
Plaintiff, :
:
v. :
:
GLADYS BROWN DUTRIEUILLE, et :
al., :
:
Defendants. : Judge Jennifer P. Wilson
ORDER
AND NOW, on this 26th day of August, 2021, for the reasons set forth in
the accompanying memorandum, IT IS ORDERED THAT:
1. The motion to dismiss filed by Defendants, Doc. 57, will be DENIED
in part with respect to Defendants’ arguments that Transource lacks standing. The
court defers ruling on the remainder of the motion.
2. Having determined that the court has jurisdiction over this lawsuit, in
the exercise of its discretion, the court will abstain from exercising its jurisdiction
until final resolution of the parallel Pennsylvania Commonwealth Court proceeding
at docket number 689 CD 2021 in accordance with Wilton v. Seven Falls Co., 515
U.S. 277, 290 (1995); Brillhart v. Excess Ins. Co., 316 U.S. 491, 495 (1942); and
Reifer v. Westport Ins. Corp., 751 F.3d 129, 139 (3d Cir. 2014).
3. This case is stayed at least until the final resolution of this parallel
proceeding.
4. The parties shall notify the court once there is a final ruling on the
merits of the Commonwealth Court case. The parties shall advise the court, in
light of the Commonwealth Court’s ruling, whether either party wishes to lift the
stay and proceed with this case, and whether there are ongoing proceedings
pending in Pennsylvania state court.
5. The court defers ruling on the remainder of the issues presented in the
pending motions until such notice is received. (Docs. 20, 21, 40, 57.)
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania