DOHERTY et al v. ALLSTATE INDEMNITY COMPANY

Filing 90

ORDER THAT ALLSTATE'S MOTION TO DISMISS COUNT III OF THE AMENDED COMPLAINT (DOC. NO. 67) IS GRANTED. PLAINTIFFS ARE GIVEN LEAVE TO AMEND COUNT III OF THE AMENDED COMPLAINT BY 10/11/2016. IF THEY FAIL TO DO SO, IT WILL BE DISMISSSED WITH PREJUDICE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 9/27/2016. 9/27/2016 ENTERED AND COPIES E-MAILED.(ahf)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARY LOU DOHERTY, JAMES DOHERTY, and JOHN DOHERTY, CIVIL ACTION NO. 15-05165 Plaintiffs, v. ALLSTATE INDEMNITY COMPANY, Defendant. PAPPERT, J. SEPTEMBER 27, 2016 ORDER AND NOW, this 27th day of September, 2016, it is ORDERED that Allstate’s motion to dismiss Count III of the amended complaint (ECF No. 67) is GRANTED. Plaintiffs are given leave to amend Count III to state a claim under the UTPCPL based on Allstate’s alleged misconduct in the solicitation or sale of the insurance policy. If Plaintiffs fail to amend Count III by October 11, 2016, it will be dismissed with prejudice. BY THE COURT: ____________________________ /s/ Gerald J. Pappert GERALD J. PAPPERT, J. 18

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