Pittman v. State Farm Fire and Casualty Insurance Company, et al. (JOINT ASSIGN)
ORDER directing as follows: (1) def Teresa Spence's 13 answer is treated as a motion to dismiss the plf's complaint, as amended; (2) as to def Spence, the plf is to SHOW CAUSE, if any there be, in writing by 12/16/2015, as to why his com plaint, as amended, should not be dismissed as set forth in the magistrate judge's 86 recommendation, that is, the federal claims should be dismissed on the merits and the state claims should be dismissed with leave to refile in state court. Signed by Honorable Judge Myron H. Thompson on 12/2/15. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WINDHAM TODD PITTMAN,
STATE FARM FIRE AND
COMPANY; et al.,
CIVIL ACTION NO.
Spence states: “I move to dismiss this case because the
plaintiff’s complaint fails to state a claim upon which
relief can be granted. Rule 12(b). This claim should
jurisdiction in this matter.”
Accordingly, it is ORDERED as follows:
(1) Defendant Teresa Spence’s answer (doc. no. 13)
complaint, as amended.
(2) As to defendant Spence, the plaintiff is to
show cause, if any there be, in writing by December 16,
2015, as to why his complaint, as amended, should not
be dismissed as set forth in the magistrate judge’s
claims should be dismissed on the merits and the state
DONE, this the 2nd day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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