McBride v. Liberty Mutual Fire Insurance Company

Filing 6

ORDERED that Defendant's Motion for Extension of Time to Respond to Count One (Doc. 4, p. 3-4) is DENIED AS MOOT. Signed by Judge Roy B. Dalton, Jr. on 9/21/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GORDON MCBRIDE,
Plaintiff,
v.

Case No. 6:17-cv-1639-Orl-37KRS

LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Defendant.
_____________________________________
ORDER
Plaintiff initiated this uninsured motorist benefits action by filing a two-count
Complaint for: (1) breach of contract (“Count I”); and (2) bad faith (“Count II”). (Doc. 2.)
Defendant then filed a single motion, seeking: (1) dismissal of Count II (“MTD”); and (2)
an extension of time to respond to Count I (“Extension Request”). (Doc. 4.) Upon
consideration, the Extension Request is due to be denied as moot.
Filing a partial motion to dismiss effectively suspends that party’s response time
for the entire complaint. See, e.g., Jacques v. First Liberty Ins. Corp., No. 8:16-cv-1240-T23TBM, 2016 WL 3221082, at *1 (M.D. Fla. June 9, 2016); see also Charles Alan Wright &
Arthur R. Miller, 5B Federal Practice & Procedure Civil § 1346 (3d ed. 2017). Because the
MTD is aimed only at Count II, Defendant’s time to respond to Count I is automatically
extended. Thus, the Extension Request is unnecessary.

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Accordingly, it is ORDERED AND ADJUDGED that Defendant’s Motion for
Extension of Time to Respond to Count One (Doc. 4, p. 3–4) is DENIED AS MOOT.
DONE AND ORDERED in Chambers in Orlando, Florida, on September 21, 2017.

Copies to:
Counsel of Record

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