Hersey v. Allstate Fire and Casualty Insurance Company

Filing 15

ORDER granting 3 motion to dismiss; adopting 14 Report and Recommendations. Count I is dismissed without prejudice subject to refiling via an amended complaint. Count II is dismissed without prejudice. Not later than 1/8/2018, Plaintiff shall file an amended complaint in accordance with the Report and Recommendation. Signed by Judge Timothy J. Corrigan on 12/7/2017. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
CAREN HERSEY,
Plaintiff,
v.

Case No. 3:17-cv-804-J-32JBT

ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,
Defendant.

ORDER
This case is before the Court on the Defendant Allstate Fire and Casualty
Insurance Company's Motion to Dismiss Plaintiff's Complaint and Incorporated
Memorandum of Law in Support Thereof (Doc. 3). On November 2, 2017, the
assigned United States Magistrate Judge issued a Report and Recommendation
(Doc. 14) recommending that Count I be dismissed without prejudice to be refiled fourteen days after the issuance of this Order and that Count II be
dismissed without prejudice. No party has filed an objection to the Report and
Recommendation, and the time in which to do so has passed. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a). Upon de novo review of the
file and for the reasons stated in the Report and Recommendation (Doc. 14), it
is hereby

ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 14)

is ADOPTED as the opinion of the Court.
2.

Defendant’s motion to dismiss (Doc. 3) is GRANTED to the extent

that:
a. Count I is DISMISSED without prejudice subject to
refiling via an amended complaint.
b. Count II is DISMISSED without prejudice subject to
refiling in a separate action if the bad faith claim ripens. 1
3.

Not later than January 8, 2018, Plaintiff shall file an amended

complaint in accordance with the Report and Recommendation.
DONE AND ORDERED in Jacksonville, Florida this 7th day of
December, 2017.

jb
Copies to:
In adopting the Report and Recommendation that dismissal without prejudice
of the bad faith claim, as opposed to abatement, is appropriate here, the Court does
not foreclose the possibility that abatement might be appropriate in different
circumstances.
1

2

Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of record

3