MOORE et al v. STATE FARM FIRE AND CASUALTY COMPANY

Filing 27

ORDER THAT DEFENDANT'S MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT'S REQUEST TO DISMISS PARAGRAPH 39 OF THE COMPLAINT IS DENIED, AND DEFENDANT'S MOTION TO DISMISS COUNT III OF THE COMPLAINT IS GRANTED. COUNT III IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/3/2015. 2/4/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WAYNE MOORE AND KIMBERLY
MOORE,

CIVIL ACTION

Plaintiffs,
v.

NO. 14-3113

STATE FARM FIRE AND CASUALTY
COMPANY,
Defendant.

ORDER
AND NOW, this 3rd day of February 2015, upon consideration of Defendant State Farm
Fire and Casualty Company’s Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) and the response
thereto, it is hereby ORDERED that the motion is denied in part and granted in part. It is
ORDERED that Defendant’s request to dismiss paragraph 39 of the Complaint is DENIED. It
is further ORDERED that Defendant’s Motion to Dismiss Count III of the Complaint is
GRANTED. Count III is hereby DISMISSED WITH PREJUDICE.

BY THE COURT:
/S/ WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.