Sparks v. Selective Insurance Company of the Southeast

Filing 53

ORDER LIFTING STAY - The court GRANTS plaintiff's motion to lift the stay and amend the complaint [D.E. 47]. Plaintiff's unfair and deceptive trade practices claim and breach of duty of good faith and fair dealing claim eke across the plaus ibility line. Whether the claims will survive defendant's inevitablemotion for summary judgment is an issue for another day. Plaintiff shall file the second amended complaint not later than October 12, 2021. The parties shall meet and confer concerning a proposed scheduling order. The court anticipates a discovery period ofno more than 180 days. Signed by District Judge James C. Dever III on 10/7/2021. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DMSION
No. 4:17-CV-151-D
NICHOLAS SPARKS,
Plaintiff,

v.

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SELECTIVE INSURANCE COMPANY
OF THE SOUTHEAST,
Defendant.

ORDER

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·The court GRANTS plaintiff's motion to lift the stay and amend the complaint [D.E. 47].
Plaintiff's unfair and deceptive trade practices claim and breach of duty of good faith and fair
dealing claim eke across the plausibility line. Whether the claims will survive defendant's inevitable
motion for summary judgment is an issue for another day. Plaintiff shall file the second amended
complaint not later than October 12, 2021. The parties shall meet and confer concerning a proposed
scheduling order. The court anticipates a discovery period ofno more than 180 days.
SO ORDERED. This _j_ day of October, 2021.

JSC.DEVERID
United States District Judge