IRVING v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Filing 23

OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S ALLEGATIONS OF BAD FAITH FROM THE COMPLAINT, IS DENIED. DEFENDANT HAS TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ORDER IN WHICH TO FILE AN ANSWER TO THE AMENDED COMPLAINT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/29/2018. 1/30/2018 ENTERED AND COPIES E-MAILED.(amas)

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 29th day of January 2018, upon consideration of Plaintiff’s Amended
Complaint (Doc. No. 12), Defendant’s Motion to Dismiss Plaintiff’s Allegations of Bad Faith
from Plaintiff’s Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for
failure to state a claim (Doc. No. 13), Plaintiff’s Response (Doc. No. 14), Defendant’s Reply
(Doc. No. 15), 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 DENIED;
2. Defendant has twenty-one (21) days from the date of this Order in which to file an
Answer to the Amended Complaint.
BY THE COURT:

/s/ Joel H. Slomsky, J.
JOEL H. SLOMSKY, J.