Flynn et al v. Nationwide Insurance Company
Filing
22
ORDER (memorandum filed previously as separate docket entry)defendants motion to dismiss plaintiffs bad faith claim, (Doc. 10), is GRANTED and plaintiffs bad faith claim is DISMISSED without prejudice. All mentions of an alleged fiduciary duty on the part of defendant are STRICKEN from the complaint. Plaintiffs may amend their complaint to allege a bad faith claim by July, 21 2014.Signed by Honorable Malachy E Mannion on 7/7/14. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT FLYNN, and
KIMBERLY FLYNN, his wife,
:
:
Plaintiffs
CIVIL ACTION NO. 3:13-2993
:
v.
:
NATIONWIDE INSURANCE
COMPANY of AMERICA,
Defendant
(JUDGE MANNION)
:
:
ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT defendant’s motion to dismiss plaintiffs’ bad faith claim,
(Doc. 10), is GRANTED and plaintiff’s bad faith claim is DISMISSED without
prejudice. All mentions of an alleged fiduciary duty on the part of defendant
are STRICKEN from the complaint. Plaintiffs may amend their complaint to
allege a bad faith claim by July, 21 2014.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 7, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2993-01-order.wpd
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