Hudspeth v. Government Employees Insurance Company

Filing 26

ORDER granting 3 motion to dismiss Count II; Count II of Plaintiff's Complaint (Doc. 2) is DISMISSED without prejudice. Denying 11 Motion to Remand to State Court; Adopting Report and Recommendations - re 21 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 2/7/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CONSTANCE HUDSPETH, Plaintiff, v. Case No: 6:16-cv-1960-Orl-41KRS GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. / ORDER THIS CAUSE is before the Court on Plaintiff’s Motion to Remand (Doc. 11). United States Magistrate Judge Karla R. Spaulding submitted a Report and Recommendation (Doc. 21), in which she recommends that the motion be denied. After a de novo review of the record, and noting that no objections were timely filed, this Court agrees with the analysis in the Report and Recommendation. Also before the Court is Defendant’s Motion to Dismiss Count II (Doc. 3), wherein Defendant seeks a dismissal without prejudice of Plaintiff’s statutory bad faith claim that was brought simultaneously with her underinsured motorist claim. Plaintiff filed a Response (Doc. 12), in which she argues that this Court should abate, rather than dismiss, her premature bad faith claim. For the reasons set forth in Alilin v. State Farm Mutual Automobile Insurance Co., No. 6:14-cv1183-Orl-41DAB, 2014 WL 7734262, at *5–6 (M.D. Fla. Jan. 30, 2014), Count II is not ripe and is subject to dismissal without prejudice. Therefore, Defendant’s motion will be granted. Page 1 of 2 Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 21) is ADOPTED and CONFIRMED and made a part of this Order. 2. Plaintiff’s Motion to Remand (Doc. 11) is DENIED. 3. Defendant’s Motion to Dismiss Count II (Doc. 3) is GRANTED. 4. Count II of Plaintiff’s Complaint (Doc. 2) is DISMISSED without prejudice. DONE and ORDERED in Orlando, Florida on February 7, 2017. Copies furnished to: Counsel of Record Page 2 of 2

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