Opinion

Transource Pennsylvania, LLC v. DeFrank

Court
District Court, M.D. Pennsylvania
Filed
Aug 26, 2021
Cited by
0 cases
Authority
More cited than 29.1%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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