Stanford et al v. Liberty Mutual Fire Insurance Company et al

Filing 11

ORDER granting 5 Motion to Dismiss. Signed by Honorable Timothy D. DeGiusti on 12/31/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES A. STANFORD, and
KIMBERLY STANFORD, husband and wife,
Plaintiffs,
v.
LIBERTY MUTUAL FIRE INSURANCE
COMPANY, et al.,
Defendants.

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Case No. CIV-14-1306-D

ORDER
Before the Court is Defendants’ Motion to Dismiss [Doc. No. 5]. Plaintiffs have responded
to the Motion [Doc. No. 9] and Defendant Liberty Mutual Fire Insurance Company has replied [Doc.
No. 10]. The matter is fully briefed and at issue.
Defendants Liberty Mutual Fire Insurance Company, Liberty Mutual Group, Inc., T.J.
Lawrence (Lawrence) and Christopher Dodd (Dodd) move for dismissal of the following claims
alleged in the Petition [Doc. No. 1-2] originally filed in state court and removed to this Court:
negligence in the procurement of insurance (Fourth Cause of Action); constructive fraud and
negligent misrepresentation (Fifth Cause of Action); negligent underwriting (Sixth Cause of Action);
violations of the Oklahoma Consumer Protection Act (Seventh Cause of Action); breach of contract
and bad faith against Defendants Liberty Mutual Group, Lawrence and Dodd (First and Second
Cause of Action); and breach of fiduciary duty (Third Cause of Action). Defendants expressly state
that they do not move for dismissal of Plaintiffs’ breach of contract claim and bad faith/breach of
the duty of good faith and fair dealing claims (First, Second and Eighth Causes of Action) against
Defendant Liberty Mutual Fire Insurance Company.

Subsequent to the filing of Defendants’ Motion to Dismiss, the parties submitted a
Stipulation of Partial Dismissal [Doc. No. 8] pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The parties
stipulated to the dismissal without prejudice of Defendants Liberty Mutual Group, T.J. Lawrence,
Christopher Dodd and Michael R. Sohn.
Simultaneously with the filing of the Stipulation of Partial Dismissal, Plaintiffs filed their
Response to Defendants’ Motion to Dismiss [Doc. No. 9]. Based on the partial dismissal, Plaintiffs
contend no response is required as to Defendants’ motion to dismiss their Third, Fourth, Fifth, Sixth
and Seventh Causes of Action. In addition, Plaintiffs contend no response is required as to claims
raised against Liberty Mutual Group, Inc., Lawrence or Dodd because these Defendants have been
dismissed from the action. Plaintiffs concede that they “voluntarily dismiss the Third, Fourth, Fifth,
Sixth and Seventh causes of action along with the Defendants, Liberty Mutual Group, Inc., T.J.
Lawrence, Christopher Dodd and Michael R. Sohn.” See Response at p. 5.
In Defendant Liberty Mutual Fire Insurance Company’s Reply, Defendant recognizes that
“[ p]ursuant to the Joint Stipulation of Partial Dismissal [Doc. No. 8], the present lawsuit has been
limited to Plaintiffs’ claims for bad faith and breach of contract against Liberty Mutual Fire
Insurance Company only.” See Reply at p. 1. Defendant further states: “in accordance with
Plaintiffs’ Response to Defendant Liberty Mutual Fire Insurance Company’s Motion to Dismiss
[Doc. No. 9], there are no issues remaining before the Court.” See id. at p. 2.
Based on the parties’ Joint Stipulation of Partial Dismissal [Doc. No. 8] and the
representations of the parties in their respective briefing pending before the Court, the Court
concludes that no further analysis of the issues presented in Defendants’ Motion to Dismiss is
necessary and Defendants’ Motion should be GRANTED.

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IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss [Doc. No. 9] is
GRANTED. Plaintiff’s action shall proceed solely as to their claims for Breach of Contract (First
Cause of Action) and Bad Faith/Breach of the Duty of Good Faith and Fair Dealing (Second and
Eighth Causes of Action) against Defendant Liberty Mutual Fire Insurance Company.
IT IS SO ORDERED this 31st day of December, 2014.

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