Dwyer v. State Farm Mutual Automobile Insurance Company

Filing 11

OPINION AND ORDER granting in part and denying in part 1 Motion for more definite statement. The motion is denied as to the request for a more definite statement and granted as to the motion to dismiss and the 3 Complaint is dismissed without prejudice. The request to file an Amended Complaint is granted and plaintiff may file an Amended Complaint within 20 days. See Opinion and Order for more details. Signed by Judge John E. Steele on 2/20/2006. (RKM)

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Dwyer v. State Farm Mutual Automobile Insurance Company Doc. 11 Case 2:06-cv-00060-JES-DNF Document 11 Filed 02/20/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CHRISTOPHER B. DWYER, Plaintiff, vs. STATE FARM MUTUAL INSURANCE COMPANY, AUTOMOBILE Case No. 2:06-cv-60-FtM-29DNF Defendant. ___________________________________ OPINION AND ORDER This matter comes before the Court on defendant's Motion to [sic] for a More Definite Statement or, in the Alternative, Motion [to] Dismiss Plaintiff's Complaint (Doc. #1), filed on February 6, 2006. Plaintiff filed a Response (Doc. #6) on February 9, 2006. The Complaint (Doc. #3) was originally filed in state court on December 28, 2005, and removed by Notice of Removal (Doc. #2) on February 3, 2006, on the basis of diversity jurisdiction. Plaintiff seeks relief pursuant to Fla. Stat. 624.155 in the one count Complaint. The Court agrees with defendant that, to the extent the Complaint is attempting to set forth separate legal claims for relief, there should be separate counts in order to facilitate the clear presentation of the matters. The other legal issues raised by defendant need not be decided unless the amended complaint gives rise to such issues. Additionally, the amended complaint may impact the amount in controversy and therefore the court's jurisdiction. Dockets.Justia.com Case 2:06-cv-00060-JES-DNF Document 11 Filed 02/20/2006 Page 2 of 2 Accordingly, it is hereby ORDERED AND ADJUDGED: 1. Defendant's Motion to for a More Definite Statement or, in the Alternative, Motion Dismiss Plaintiff's Complaint (Doc. #1) is DENIED as to the Motion for More Definite Statement and is GRANTED as to the Motion to Dismiss. dismissed without prejudice. 2. Complaint, Plaintiff's contained request in his for leave to file #6) an is Amended GRANTED. Plaintiff's Complaint (Doc. #3) is Response (Doc. Plaintiff may file an Amended Complaint within TWENTY (20) DAYS of the date of this Opinion and Order. DONE AND ORDERED at Fort Myers, Florida, this February, 2006. 20th day of Copies: Counsel of record -2-

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