MONARCH LIFE INS. CO. v. ESTATE OF TARONE

STEWART DALZELL, District Judge

AND NOW, this 26th day of January, 2010, upon consideration of Laura Sipio's motion for summary judgment (docket entry # 19), the response thereto (docket entry # 22), the motion for summary judgment of the Estate of Robert Tarone, III, and James P. McEvilly, the Estate's Executor (docket entry # 20 and 21), Sipio's response thereto (docket entry # 23), the parties' exhibits, and in accordance with the accompanying Memorandum, it is hereby ORDERED that:

1. Sipio's motion for summary judgment (docket entry # 19) is DENIED;

2. The motion for summary judgment of the Estate and McEvilly (docket entry # 20) is DENIED; and

3. By February 15, 2010, the parties shall NOTIFY the Court by fax (215-580-2156) regarding (1) whether they have completed discovery regarding any extrinsic evidence surrounding the Settlement Documents and Policy, which were executed in 1984; (2) if the parties have not done so, what discovery they expect to need — in detail — and the minimum time in which that can be completed; and (3) whether the Estate and Sipio have factual disagreements regarding the extrinsic evidence.