Simon v. State Farm Mutual Automobile Insurance Company

Filing 23

ORDER granting in part and denying in part 5 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 2/13/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
KAREN SIMON,
Plaintiff,
v.

Case No. 6:14-cv-2125-Orl-37GJK

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
ORDER
This cause is before the Court on the following:
1.

Defendant State Farm Mutual Automobile Insurance Company’s Motion to
Dismiss Plaintiff’s Amended Complaint and Incorporated Memorandum of
Law (Doc. 5), filed December 30, 2014; and

2.

Plaintiff Karen Simon’s Memorandum of Law in Opposition to State Farm’s
Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 14), filed
January 16, 2015.

At the parties’ request (see Doc. 19), the Court held a Preliminary Pretrial
Conference (“PPTC”) on February 12, 2015. (See Docs. 20, 21.) At the PPTC, the Court
heard argument from the parties as to their respective positions on Defendant’s Motion
to Dismiss (Doc. 5). (See Doc. 21.) In accordance with the Court’s rulings during the
PPTC, it is hereby ORDERED AND ADJUDGED that:
1.

Defendant State Farm Mutual Automobile Insurance Company’s Motion to
Dismiss Plaintiff’s Amended Complaint and Incorporated Memorandum of
Law (Doc. 5) is GRANTED IN PART AND DENIED IN PART.

a.

The Motion is GRANTED as to the Garnishment claim (“Count 3”),
which is DISMISSED WITHOUT PREJUDICE. Plaintiff may file an
Amended Complaint on or before Friday, February 20, 2015.

b.

The Motion (Doc. 5) is GRANTED as to the Florida Claims
Administration Statute claim (“Count IV”), which is DISMISSED
WITH PREJUDICE.

c.
2.

In all other respects, the Motion is DENIED.

The Court will defer entering a Case Management and Scheduling Order
until it has received the additional briefing as ordered at the PPTC.
(See Doc. 21.)

DONE AND ORDERED in Chambers in Orlando, Florida, on February 13, 2015.

Copies:
Counsel of Record

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