BARNES v. ALLSTATE PROPERTY AND CASUALTY INS. CO.

Filing 14

ORDER THAT THE DEFENDANT'S COUNTERCLAIM IS DISMISSED WITHOUT PREJUDICE. THE DEFENDANT MAY FILE AN AMENDED COUNTERCLAIM WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS ORDER. WHEN THE DEFENDANT AMENDS ITS COUNTERCLAIM, IT NEED ONLY ALLEGE A SINGLE INSTANCE OF CIVIL INSURANCE FRAUD TO SEE COMPENSATORY DAMAGES. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 2/15/2013. 2/15/2013 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TYRONE BARNES
v.
ALLSTATE PROPERTY AND
CASUALTY INSURANCE CO.

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CIVIL ACTION

NO. 12-3418

ORDER
AND NOW, this 15th day of February, 2013, upon
consideration of the plaintiff’s motion to dismiss the
defendant’s counterclaim (Docket No. 11), and the defendant’s
brief in opposition to that motion, IT IS HEREBY ORDERED, for the
reasons stated in a memorandum bearing today’s date, that the
motion is GRANTED IN PART and DENIED IN PART.

IT IS FURTHER

ORDERED that:
1.
prejudice.

The defendant’s counterclaim is DISMISSED without
The defendant may file an amended counterclaim within

twenty-one (21) days of the date of this Order.
2.

When the defendant amends its counterclaim, it

need only allege a single instance of civil insurance fraud to
seek compensatory damages.

BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.