THE FIRST LIBERTY INSURANCE CORPORATION v. WALKER et al

Filing 24

MEMORANDUM AND/OR OPINION ORDER THAT THE FIRST LIBERTY INSURANCE CORPORATION'S MOTION TO DISMISS DEFT APRIL WALKER'S COUNTERCLAIM (DOC. #9) IS GRANTED AND DEFT WALKER'S COUNTERCLAIM IS DISMISSED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/7/2013. 3/8/2013 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE FIRST LIBERTY INSURANCE
CORPORATION,
Plaintiff,
v.
APRIL WALKER et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION
NO. 12-6823

ORDER
AND NOW, this 7th day of March, 2013, upon consideration plaintiff The First Liberty
Insurance Corporation’s “Motion to Dismiss Defendant April Walker’s Counterclaim Pursuant to
F.R.C.P. 12(b)(6)” (Document No. 9), and defendant Walker’s response thereto, it is hereby
ORDERED that:
1.

The motion to dismiss is GRANTED and defendant Walker’s counterclaim
against First Liberty Insurance Corporation for bad faith under 42 Pa. Cons. Stat.
§ 8371 is DISMISSED WITHOUT PREJUDICE.

2.

Walker is given leave to file an amended counterclaim within thirty (30) days of
the date of this order, if she can do so without violating Federal Rule of Civil
Procedure 11. Otherwise, the dismissal is with prejudice.

/s/ William H. Yohn Jr., Judge
William H. Yohn Jr., Judge