Pittman v. State Farm Fire and Casualty Insurance Company, et al. (JOINT ASSIGN)

Filing 91

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,

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Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY INSURANCE
COMPANY; et al.,
Defendants.

CIVIL ACTION NO.
2:14cv959-MHT
(WO)

ORDER
In

her

answer

(doc.

no.

13),

defendant

Teresa

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
also

be

dismissed

because

the

federal

court

has

no

jurisdiction in this matter.”
Accordingly, it is ORDERED as follows:
(1) Defendant Teresa Spence’s answer (doc. no. 13)
is

treated

as

a

motion

complaint, as amended.

to

dismiss

the

plaintiff’s

(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
recommendation

(doc.

no.

86),

that

is,

the

federal

claims should be dismissed on the merits and the state
claims

should

be

dismissed

with

leave

to

refile

state court.
DONE, this the 2nd day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

in