Porter v. Safeco Insurance Company of Illinois

Filing 24

ORDER - THAT Defendant's Motion to Dismiss (Doc. 4) is GRANTED IN PART and DENIED IN PART, to wit: 1. Plaintiffs claim for attorney's fees in Count I is STRICKEN, but Plaintiffs claim for attorney's fees under Count II is PRESERVED.2. Plaintiffs allegations in paragraphs 54 through 62 of the Complaint are deemed to be asserted in support of Count I. 3. Plaintiffs claim for compensatory damages in Count" is properly asserted under Count I.Signed by Honorable Robert D. Mariani on 2/8/16. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ANDREW PORTER,

Plaintiff,

v.

3:15·CV·759
(JUDGE MARIANI)

SAFECOINSURANCE
COMPANY OF ILLINOIS,
Defendant.
ORDER
AND NOW, THIS 9TH DAY OF FEBRUARY, 2016, upon consideration of

Defendant's Motion to Dismiss (Doc. 4) and the accompanying briefs in support thereof
(Doc. 4, Ex. 3; Doc. 7), IT IS HEREBY ORDERED THAT Defendant's Motion to Dismiss
(Doc. 4) is GRANTED IN PART and DENIED IN PART, to wit:
1. Plaintiffs claim for attorney's fees in Count I is STRICKEN, but Plaintiffs claim for
attorney's fees under Count II is PRESERVED.
2. Plaintiffs allegations in paragraphs 54 through 62 of the Complaint are deemed to be
asserted in support of Count I.
3. Plaintiffs claim for compensatory damages in Count" is properly asserted under
Count I.