Rissinger et al v. State Farm Insurance Company

Filing 15

ORDER (Memorandum 14 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Deft's MTD 4 is DEEMED unopposed & GRANTED pursuant to FRCP 12(b)(6) to following extent... (see Paras 1a & 1b for specifics).; 2. Pltfs granted leave to file amended complaint win 20 days of date of this order....(see specific reqm'ts @ Para 2) ; 3. In absence of timely filed amended complaint action shall proceed on remaining claim. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/30/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARK RISSINGER and
KRISTEN RISSINGER,
Plaintiffs
v.
STATE FARM INSURANCE
COMPANY,
Defendant

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CIVIL ACTION NO. 1:14-CV-2439
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of June, 2015, upon consideration of defendant’s
motion (Doc. 4) to dismiss in part plaintiffs’ complaint, and for the reasons set forth
in the accompanying memorandum, it is hereby ORDERED that:
1.

Defendant’s motion (Doc. 4) to dismiss is DEEMED unopposed and
GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(6), to the
following extent:
a.

b.

2.

Plaintiffs’ request for attorney’s fees in Count I of the complaint
is DISMISSED without prejudice. Plaintiffs shall be permitted
to reassert said request should discovery of the insurance policy
at issue reveal that said policy contains an agreement for
attorney’s fees.
Plaintiffs’ insurance bad faith claim in Count II of the complaint
is DISMISSED without prejudice.

Plaintiffs are granted leave to file an amended complaint within twenty
(20) days of the date of this order that addresses the deficiencies
described in the accompanying memorandum with respect to Count II.
If plaintiffs fail to file an amended pleading within that time, Count II
of the complaint shall be dismissed with prejudice.

3.

In the absence of a timely filed amended complaint, the abovecaptioned action shall proceed on the remaining claim.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania