MILLS et al v. ALLSTATE INSURANCE COMPANY

Filing 7

ORDER THAT THE MOTION TO DISMISS PLAINTIFF'S COMPLAINT 4 IS GRANTED AND PLAINTIFF'S BAD FAITH CLAIM (COUNT II) AND REQUEST FOR ATTORNEYS' FEES ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL HAVE TWENTY (20) DAYS FROM THE DATE OF THIS ORDER TO FILE AN AMENDED COMPLAINT, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/29/15. 9/29/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER MILLS
CIVIL ACTION
v.
NO. 15-4824
ALLSTATE INSURANCE COMPANY

ORDER
And NOW, this 29th day of September 2015, for the reasons stated in the foregoing
memorandum, upon consideration of Defendant Allstate Insurance Company’s Motion to
Dismiss Plaintiff’s Complaint (ECF 4), and all responses and replies thereto, it is hereby
ORDERED that the Motion is GRANTED and that Plaintiff's bad faith claim (Count II) and
request for attorneys’ fees are DISMISSED WITHOUT PREJUDICE. Plaintiff shall have
twenty (20) days from the date of this Order to file an amended complaint correcting any of the
pleading deficiencies identified in the accompanying Memorandum Opinion.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\CIVIL 15\15-4824 mills v. allstate\15-4824.MTD order.doc