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)

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

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