DAVIS v. ALLSTATE PROPERTY AND CASUALTY COMPANY

Filing 23

ORDER THAT DEFENDANT ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANYS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT COUNTS I AND IV OF PLAINTIFFS AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. IT IS FURTHER O RDERED THAT COUNTS II AND III OF PLAINTIFFS AMENDED COMPLAINT ARE DISMISSED WITHOUT PREJUDICE FOR PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT WHICH ADEQUATELY SETS FORTH HER BAD FAITH CLAIMS. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL OCTOBER 20, 2014 TO FILE A SECOND AMENDED COMPLAINT SETTING FORTH HER BAD FAITH CLAIMS. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/14. 9/30/14 ENTERED AND COPIES E-MAILED. (mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JANE E. DAVIS, Individually and
as Executrix of the Estate of
Robert N. Davis,
Plaintiff
v.
ALLSTATE PROPERTY AND CASUALTY
COMPANY
Defendant

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Civil Action
No. 13-cv-7038

O R D E R
NOW, this 30th day of September, 2014, upon
consideration of the following documents:
1.

Defendant Allstate Property and Casualty
Insurance Company’s Motion to Dismiss Plaintiff’s
Amended Complaint, which motion was filed
February 12, 2014, together with
A.

2.

Memorandum of Law in Support of Defendant
Allstate Property and Casualty Insurance
Company’s Motion to Dismiss Plaintiff’s
Amended Complaint (“Defendant’s Brief”) and
five exhibits to Defendant’s Brief
(Exhibits 1 to 5);

Response of Plaintiff, Jane E. Davis,
Individually and as Executrix of the Estate of
Robert N. Davis, to Motion to Dismiss of
Defendant, Allstate Property and Casualty
Company, which response was filed February 27,
2014, together with
A.

Response and Brief of Plaintiff, Jane E.
Davis, to Motion to Dismiss of Defendant,
Allstate Property and Casualty Company

(“Plaintiff’s Brief”) and three exhibits to
Plaintiff’s Brief (Exhibits A to C); 1
3.

Reply Memorandum of Law in Support of Defendant
Allstate Property and Casualty Insurance
Company’s Motion to Dismiss Plaintiff’s Amended
Complaint, which reply memorandum was filed
April 15, 2014;

4.

Sur-reply Brief of Plainitff, Jane E. Davis,
Individually and as Executrix of the Estate of
Robert N. Davis, In Opposition to Reply Brief of
Defendant, Allstate Property and Casualty
Company, which sur-reply brief was filed
April 15, 2014; and

5.

Amended Complaint for Declaratory and Other
Relief (“Amended Complaint”), filed January 30,
2014, together with three exhibits to the Amended
Complaint (Exhibits A to C);

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Defendant Allstate Property and
Casualty Insurance Company’s Motion to Dismiss Plaintiff’s
Amended Complaint is granted.
IT IS FURTHER ORDERED that Counts I and IV of
plaintiff’s Amended Complaint are dismissed with prejudice.
IT IS FURTHER ORDERED that Counts II and III of
plaintiff’s Amended Complaint are dismissed without prejudice
for plaintiff to file a second amended complaint which
adequately sets forth her bad faith claims.

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I do not consider Exhibits D and E to plaintiff’s response, for
the reasons expressed at page 16, footnote 20 of the accompanying Opinion.

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IT IS FURTHER ORDERED that plaintiff shall have until
October 20, 2014 to file a second amended complaint setting
forth her bad faith claims.

BY THE COURT:
/s/ JAMES KNOLL GARDNER_____
James Knoll Gardner
United States District Judge

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