Fagan et al v Unitrin Auto and Home Ins Co

Filing 10

ORDER granting 5 Motion to Dismiss Count One with prejudice, & STAY previously entered as to the IAC & CIAC is LIFTED. Signed by Magistrate Judge Dennis Howell on 11/12/08. (ejb)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF NORTH CAROLINA B RYSO N CITY DIVISION 2:08cv29 PA UL FAGAN; and EVELYN FAGAN, P laintiffs, V s. UNITRIN AUTO AND HOME INSURANCE COMPANY d/b/a K EM PER AUTO AND HOME, an insurance company organized under the laws of the State of Florida and ) do ing business in the State of North Caro lina, D efendan t. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

O RDER

T H IS MATTER is before the court on defendant's Motion to Dismiss. In response, plaintiff has filed a Stipulation of Dismissal as to Count One of the Com plaint, which the court construes to be plaintiff's assent to the Motion to Dismiss. It appearing that Count One is time barred, the court enters the following Order with perm ission of the district court. O R DER IT IS, THEREFORE, ORDERED that defendant's Motion to Dismiss is G R AN TED, and Count One is DISMISSED with prejudice as time barred, and the STA Y previously entered as to the IAC and CIAC is LIFTED.

The parties are respectfully reminded that they must now conduct a IAC within 14 days and file such CIAC with the court within 5 days thereof.

Signed: November 12, 2008