Duvall v. State Farm Mutual Automobile Insurance Company

Filing 24

ORDER granting 10 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 1/23/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ANTHONY G. DUVALL, Plaintiff, v. Case No. 6:16-cv-2150-Orl-37DCI STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. ORDER This cause is before the Court on Defendant’s Amended Motion to Dismiss Count II (Doc. 10), filed December 19, 2016. In the instant action, Plaintiff asserts claims against Defendant for: (1) uninsured motorist benefits action (“Count I”); and (2) for bad faith failure to settle an insurance claim (“Count II”). (Doc. 2.) On December 19, 2016, Defendant moved for dismissal of Count II on the ground that it is not yet ripe. (See Doc. 10 (“Motion”).) Plaintiff failed to respond. See Local Rule 3.01(b) (requiring a party opposing a motion to file a response within fourteen days). In the absence of a response, the Court considers Defendant’s Motion to be unopposed and finds that it is due to be granted. Accordingly, it is hereby ORDERED AND ADJUDGED that: 1. Defendant’s Amended Motion to Dismiss Count II (Doc. 10) is GRANTED. 2. Count II of the Complaint (Doc. 1, ¶¶ 16–28) is DISMISSED WITHOUT PREJUDICE. DONE AND ORDERED in Chambers in Orlando, Florida, on January 23, 2017. Copies: Counsel of Record 2

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