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)

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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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