IRVING v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Filing 11

ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S ALLEGATIONS OF BAD FAITH FROM THE COMPLAINT PURSUANT TO RULE 12(b)(6) (DOC. 5 ) (COUNT II) IS GRANTED. PLAINTIFF IS GIVEN THIRTY DAYS FROM THE DATE OF THIS ORDER IN WHICH TO FILE AN AMEN DED COMPLAINT. DEFENDANT IS ORDERED TO RESPOND TO AN AMENDED COMPLAINT WITHIN FOURTEEN DAYS OF PLAINTIFF FILING AN AMENDED COMPLAINT OR, SHOULD PLAINTIFF ELECT NOT TO FILE AN AMENDED COMPLAINT, WITHIN FORTY-FOUR DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO PLAINTIFF'S CLAIM IN COURT I. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 10/4/2017. 10/4/2017 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KEVIN IRVING,
Plaintiff,

CIVIL ACTION
NO. 17-1124

v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE CO.,
Defendant.
ORDER

AND NOW, this 4th day of October 2017, upon consideration of Plaintiff’s Complaint
(Doc. No. 1), Defendant’s Motion to Dismiss Plaintiff’s Allegations of Bad Faith from Plaintiff’s
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim (Doc.
No. 5), Plaintiff’s Response (Doc. No. 6), Defendant’s Reply (Doc. No. 7), and in accordance
with the Court’s Opinion issued this day, it is ORDERED that:
1. Defendant’s Motion to Dismiss Plaintiff’s Allegations of Bad Faith from the Complaint
pursuant to Rule 12(b)(6) (Doc. No. 5) (Count II) is GRANTED;
2. Plaintiff is given thirty (20) days from the date of this Order in which to file an Amended
Complaint.
3. Defendant is ORDERED to respond to an Amended Complaint within fourteen (14) days
of Plaintiff filing an Amended Complaint or, should Plaintiff elect not to file an Amended
Complaint, within forty-four (34) days from the date of this Order to file an Answer to
Plaintiff’s claim in Count I.
BY THE COURT:

/ s/ J oel H. S l om sk y_
JOEL H. SLOMSKY, J.