RIEDI et al v. GEICO CASUALTY COMPANY

Filing 10

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 2 ) IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS' BAD FAITH CLAIMS ARE DISMISSED WITHOUT PREJDUICE. THE PLAINTIFFS' PROCUREMENT CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE PLAINTIFF MAY FI LE THEIR BAD FAITH CLAIMS AND PROCUREMENT CALIMS BY FILING AN MANEDED COMPLAINT WITHIN 21 DAYS OF THE DATE OF THIS ORDER. ANY AND ALL ALLEGATIONS OR REFERENCES TO A "FIDUCIARY DUTY" CONTAINED IN COUNTS I, II, AND III OF PLAINTIFFS COMPLAINT ARE STRICKEN WITH PREJUDICE FROM THE COMPLAINT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/10/2017. 4/11/2017 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WENDY RIEDI, et al.,

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Plaintiffs,
v.

GEICO CASUALTY COMPANY,
Defendant.

CIVIL ACTION

NO. 16-6139

ORDER
AND NOW, this 10th day of April, 2017, upon consideration of the defendant’s
motion to dismiss (Doc. No. 2) and the plaintiffs’ response in opposition to the motion to
dismiss (Doc. No. 7), IT IS HEREBY ORDERED that the defendant’s motion to
dismiss (Doc. No. 2) is GRANTED.
IT IS FURTHER ORDERED that:
1.

The plaintiffs’ bad faith claims (Counts IV and V) are DISMISSED

without prejudice.
2.

The plaintiffs’ procurement claims (Counts VI and VII) are DISMISSED

without prejudice.
3.

The plaintiffs may amend their bad faith claims (Counts IV and V) and

procurement claims (Counts VI and VII) by filing an amended complaint within twentyone (21) days of the date of this Order.

4.

Any and all allegations or references to a “fiduciary duty” contained in

Counts I, II, and III of plaintiffs’ complaint are STRICKEN with prejudice from the
complaint.

BY THE COURT

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.