Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 10-00625. Motions Motion to dismiss : Denied See more information ... Smart Summary Please sign up to generate summary. THE PENN MUTUAL LIFE INSURANCE COMPANY v. BNC NATIONAL BANK, et al. ORDER THOMAS O'NEILL JR., District Judge AND NOW, this 2nd day of September, 2010, in consideration of defendants' motion to dismiss and plaintiff's response, it is ORDERED that defendants' motions are DENIED. It is FURTHER ORDERED that the parties submit an agreed upon discovery schedule within fourteen (14) days of the date of this Order.