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FIDELITY AND GUAR. INS. UNDERWRITERS v. OMEGA FLEX

Civil No. 12-2588 (NLH/KMW).

936 F.Supp.2d 441 (2013)

FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., as subrogee of Ralph Santaniello, Plaintiff, v. OMEGA FLEX, INC., et al., Defendants.

United States District Court, D. New Jersey.

March 26, 2013.

Attorney(s) appearing for the Case

Jared Laurence Elster, Esquire , Thomas Paolini, Esquire , Law Offices of Robert A. Stutman, P.C., Berlin, NJ, for Plaintiff Fidelity and Guaranty Insurance Underwriters, Inc. as subrogee of Ralph Santaniello.

Angela Marie Catanach, Esquire , Campbell Campbell Edwards & Conroy, P.C., Berwyn, PA, for Defendant Omega Flex, Inc.

William D. Pastorick, Esquire , Jeannie Park, Esquire , Nelson Levine Deluca & Hamilton, LLC, Cherry Hill, NJ, for Defendant Drexel HVAC, Inc.

OPINION

HILLMAN, District Judge.

This matter comes before the Court by way of Defendant Drexel HVAC, Inc.'s motion [Doc. No. 12] seeking to dismiss Counts IV, V, and VI of Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court has considered the parties' submissions and decides this matter pursuant to Federal Rule of Civil Procedure 78.

For the reasons expressed below, Defendant's motion is granted in part and denied...

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