Nicholls et al v. Mountain West Farm Bureau Mutual Insurance Company

Filing 20

ORDER. Mountain Wests Motion to Dismiss Count II of Complaint: Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing, Pursuant to Rule 12(b)(6), Fed. R. Civ. P. (Doc. 7) is hereby DENIED as moot. Signed by Magistrate Judge Timothy J. Cavan on 8/8/2017. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
CHAVIS NICHOLLS and FALON
NICHOLLS,
Plaintiffs,

CV 17-63-BLG-TJC

ORDER

vs.
MOUNTAIN WEST FARM BUREAU
MUTUAL INSURANCE COMPANY,
Defendant.
Before the Court is defendant Mountain West Farm Bureau Insurance
Company’s (“Mountain West”) Motion to Dismiss Count II of Complaint: Tortious
Breach of the Implied Covenant of Good Faith and Fair Dealing, Pursuant to Rule
12(b)(6), Fed. R. Civ. P. (Doc. 7; the “Motion.”)
As the Motion’s title indicates, Mountain West seeks the dismissal under
Rule 12(b)(6) of Count II of plaintiffs Chavis Nicholls’ and Falon Nicholls’
(collectively, “Plaintiffs”) original Complaint and Demand for Jury Trial. (Doc. 3;
“Original Complaint.”) Plaintiffs filed an Amended Complaint (Doc. 11) in
response to the Motion, withdrawing Count II of the Original Complaint.
Plaintiffs argue that the Motion is now moot because the claim Mountain
West seeks to dismiss is no longer at issue. (Doc. 12.) Counsel for Mountain West

indicated at the Preliminary Pretrial Conference, held August 8, 2017, that he
agrees the Amended Complaint mooted the Motion. Accordingly,
IT IS ORDERED that Mountain West’s Motion to Dismiss Count II of
Complaint: Tortious Breach of the Implied Covenant of Good Faith and Fair
Dealing, Pursuant to Rule 12(b)(6), Fed. R. Civ. P. (Doc. 7) is hereby DENIED as
moot.
DATED this 8th day of August, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge